ECF 100-2 Redacted

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

GREENBELT DIVISION
BRETT KIMBERLIN,
Plaintiff,
v.
NATIONAL BLOGGERS CLUB,
ALI AKBAR,
PATRICK FREY,
ERICK ERICKSON,
MICHELLE MALKIN,
GLENN BECK,
AARON WALKER,
WILLIAM HOGE,
LEE STRANAHAN,
ROBERT STACY MCCAIN,
JAMES O'KEEFE,
MANDY NAGY,
BREITBART.COM,
DB CAPITOL STRATEGIES,
DAN BACKER,
THE FRANKLIN CENTER,
SIMON&SCHUSTER INC.,
LYNN THOMAS aka KIMBERLINUNMASKED,
MERCURY RADIO ARTS,
THE BLAZE,
ACE OF SPADES,
REDSTATE.
TWITCHY.
THE AMERICAN SPECTATOR,
Defendants.
No. PWG 133059
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SECOND AMENDED COMPLAINT FOR DAMAGES
VIOLATION OF CIVIL RIGHTS, RICO AND STATE LAW TORTS
INTRODUCTION
1. Plaintiff Brett Kimberlin ("Kimberlin") hereby brings this Second Amended
Complaint to recover damages inflicted by Defendants, defined below, for engaging
in a multitude of tortious acts, including a criminal racketeering enterprise that
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engaged in widespread mail fraud, wire fraud, money laundering. intimidation,
assault, extortion, attempted extortion, obstruction of justice, and gang activity for
the purpose of harming Plaintiffs business and property interests and depriving
him of his civil rights. Specifically, the Defendants (1) created false and defamatory
narratives stating that Plaintiff engaged in, ordered, directed and/or facilitated the
criminal swatting of individuals, (2) created other false narratives about Plaintiff
in order to bolster the false swatting narrative; (3) provided false information to
media outlets, politicians and law enforcement officials accusing Plaintiff of
involvement in said swattings, (3) repeatedly published defamatory statements that
Plaintiff committed swattings, (4) constantly bullied Plaintiff with criminal
convictions more than three decades old in order to demonize him, and then
(5) enriched themselves by fraudulently raising hundreds ofthousands of dollars
and increasing traffic on their websites based on those false narratives. Some of the
Defendants conspired to and/or did assault Plaintiff and then used gang activity to
threaten him against exercising his right to redress through access to the courts.
The Defendants used online and offline gang activity to threaten, harass and
intimidate others who rejected their false narratives about Plaintiff, including
journalists, judges and Maryland State's Attorneys. These threats of harm and
death were meant to and did intimidate Plaintiff from seeking redress for
more than one year. These torts were intentional and caused Plaintiff physical
harm and emotional distress.
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2. Swatting is the calling of the police using a falsified phone number and telling
the police that a major crime occurred at the address associated with that address in
order to cause a large police response.
3. Defendants repeatedly made the false, slanderous and defamatory
statements about Plaintiffs involvement in swatting month after month for more
than a year, causing the publication of thousands of articles, blog posts, Twitter
tweets and radio and television broadcasts attributing the swattings to Plaintiff.
4. None of the Defendants ever contacted Plaintiff for comment or response to
these false, slanderous and libelous statements prior to or after their publication.
5. Plaintiff asserts claims against Defendants arising from violations of (1) the
Racketeering Influenced and Corrupt Organizations Act (RICO), 18 USC1962(c); (2)
conspiracy under RICO, 18 USC1962( d); (3) the Civil Rights Act, 42 USC1983, (4)
conspiracy under the Ku Klux Klan Act, 42 USC1985, (5) assault, (6) defamation; (7)
fraud, (8) false light invasion of privacy, (9) interference with business
relationships, (10) interference with prospective advantage, (11) conspiracy,
(12) battery, and (13) intentional infliction of emotional distress.
JURISDICTION AND VENUE
6. This Court has jurisdiction over this action pursuant to 28 USC1331 (federal
question), 28 USC1332 (diversity of citizenship), and 18 USC1964( c) (RICO).
7. This Court has supplemental jurisdiction over the state causes of action
based on state law pursuant to 28 USC1367(a), as the state law claims arise out of
the same nucleus of operative facts which support the federal claims.
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8. Venue is proper in the District of Maryland under 18 USC1965 and 28 USC
1391, in that Plaintiff resides in Maryland, many of the actions of Defendants took
place in Maryland, the injury occurred in Maryland, and a substantial portion of the
communications, transactions, events or omissions occurred in Maryland.
PARTIES
9. Plaintiff Kimberlin is the Director of Justice Through Music, a Maryland based
501(c)(3) non-profitthat uses music to inspire and educate young people to get
involved with civic participation. Plaintiff has held that position for ten years and
resides and works in Montgomery County Maryland. Plaintiff is also a musician,
manager, music producer, and composer engaged in the business of music.
10. At all relevant times, the RICODefendants are a "person" within the
meaning ofthat term as defined by RICO,18 USC1961(3).
11. At all relevant times, Defendants were engaged in interstate
commerce or in the production of goods or services for sale or use in interstate
commerce.
12. Defendant James O'Keefe resides at 1214 W. Boston Post Road #145,
Mamaroneck, New York 10543 who portrays himself as a "citizen journalist" and
book author. He recently published a book entitled, "Breakthrough: Our Guerilla
War to Expose Fraud and Save Democracy," published by Defendants Simon &
Shuster, and released through its Threshold Division. Simon & Shuster has its
corporate headquarters at 1230 Avenue of the Americas, New York, New York
10020.
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13. Defendant Aaron Walker is an unemployed attorney who resides at
7537 Remington. Rd, Manassas, Virginia. 20109.
14. Defendant Lee Stranahan is a bJogger who resides at 13824 Methuen
Green Street. Dallas, Texas 75240.
15. Defendant Mandy Nagy is a blogger who resides at 10 Sussex Ct.
Bedminster, New Jersey 07921.
16. Both Defendants Stranahan and Nagy write or wrote for Defendant
Breitbartcom, a media group located at 149 South Barrington #735. Los Angeles,
California 90049.
17. Defendant Robert Stacy McCainis a blogger who resides at 21819
Academy Terrace, f,iagersts'IlR, MarylaRd 21740. 294 Burnside Dr. Falling Waters.
WV25419
18. Defendant William Hoge is a blogger who resides at 20 Ridge Road,
Westminster, Maryland 21157.
19. Defendant Ali Akbar resides at 200 Capstone Drive, #108. Lynchburg.
Virginia 24502. and is the self proclaimed head ofthe Defendant National Bloggers
Club, which is was located at 8116 Heritage Place Drive, Ft Worth, Texas 76137.
20. Defendant Glenn Beck is a radio and television personality whose
corporate address is resides at 1270 Avenue of the Americas, 9th Floor New York,
New York 10020.
21. Michelle Malkin is a blogger and FOXNews commentator whose
corporate address is resides at 445C E. Cheyenne Mountain Blvd. #104, Colorado
Springs, Colorado 80906.
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22. Defendant Erick Erickson is a blogger and television commentator
who resides at 736 Waverly Pt, Macon, Georgia 31210.
23. Defendant Ace Of Spades is a blog creates registered by Michelle
Kerr and is located at 3131 Homestead Road, #3E Santa Clara, California 95051 and
it is written by an anonymous blogger.
24. Defendant Patrick Frey is a blogger who resides at 3547 Sea glen
Drive, Rancho Palos Verdes, California 90275. He is employed as an Assistant
State's Attorney for Los Angeles.
25. Defendant Twitchy is a blogging platform owned or operated by
Defendant Michelle Malkin through Twitchy LLCto promote stories created by her
and other members of Twitchy. It is heasquarteres at 44!ie IieheyeRRe MeuRtaiR
Blvs. #Hl4, eelerase Sj3riRgs, eelerase Q090G. It was recently purchased hy
Salem Communications located 4880 Santa Rosa Road Camarillo, CA93012.
26. Defendant The Glenn Beck Program/Mercury Radio Arts, is a media
company created to promote Defendant Glenn Beck and is located 1270 Avenue of
the Americas, 9th Floor New York, New York 10020.
27. Defendant The Blaze Inc, Is a media company owned by Defendant
Glenn Beck and created to promote Defendant Glenn Beck and his worldview, and is
located at 1133 Avenue of the Americas, 34th Floor, New York, New York 10036.
28. Defendant RedState is a media company eY/Res/er directed by
Defendant Erick Erickson aRs isle!ates at 1 Massachusetts AveRue, NW Ste GOO,
WashiRgteR, Qe, 20001 and was recently purchased by Salem Communications
which is located at 4880 Santa Rosa Road Camarillo, CA93012.
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29. Defendant DBCapitol Strategies is a law firm located at 717 King
Street, Suite 300 Alexandria, Virginia22314, and is headed byAttorney and
Defendant Dan Backer.
30. The Franklin Center for Government and Public Integrity is a non-
profit organization located at 1229 KingStreet, 3
rd
Floor,Alexandria, Virginia
22314, with a mission of ferreting out government corruption.
31. The American Spectator is a publication of the American
Spectator Foundation located at 1611 N. Kent Street, Suite 901, Arlington, VA
22209.
32. Defendant Lynn Thomas aka KimberlinUnmasked is a blogger
whose mission is to smear people, including Plaintiff. The KimberlinUnmasked
account was created by Defendant Thomas using the email
causalnexus.~eor~e@~mail.com.
STATEMENTOFFACTS
33. In 2009, three military intelligence contractors, HBGary, Berico
Technologies and Palantir created a secret group called "Team Themis" to
destroy progressive organizations and their staff on behalf of corporate
clients and federal agencies, including the United States Chamber of
Commerce and FBI.These activists and organizations were targeted for
exercising their constitutional rights to free expression and freedom of
assembly. Some ofthe groups and people targeted were Wikileaks,
Anonymous, ThinkProgress, Glenn Greenwald, Chamber Watch, Change to
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Win, AFL-CIO, MoveOn.org, Brett Kimberlin, Brad Friedman, Justice Through
Music, Stop The Chamber and Velvet Revolution. Palantir employee Matthew
Steckman in a February 8, 2009 email to HBGary employee Aaron Barr
describes the methodology of Team Themis this way:
From - Tue Feb 08 09:06:48 2011 From: Matthew Steckman
<msteckman@palantir.com> To: HBGARY-Aaron.Barr
<aaron@hbgary.corri> Date: Fri, 3 Dec 2010 05:15:59 -0800 Subject:
RE: first cut Feed the fuel between the feuding groups. Disinformation.
Create messages around actions to sabotage or discredit the opposing
organization. Submit fake documents and then call out the error .
Create concern over the security of the infrastructure. Create
exposure stories. Ifthe process is believed to not be secure they are
done . Cyber attacks against the infrastructure to get data on
document submitters. This would kill the project. Since the servers
are now in Sweden and France putting a team together to get access is
more straightforward . Media campaign to push the radical and
reckless nature ofwikileaks activities. Sustained pressure. Does
nothing for the fanatics, but creates concern and doubt amongst
moderates . Search for leaks. Use social media to profile and identify
risky behavior of employees. "It is this level of support we need to
attack. These are established professionals that have a liberal bent,
but ultimately most ofthem ifpushed will choose professional
preservation over cause"
34. When Aaron Barr in February 2010 bragged to the Financial
Times that he had penetrated Anonymous and was going to take down their
leaders, Anonymous responded by publishing more than 50,000 ofHB Gary
emails that exposed the existence of Team Themis. Several of the documents
and emails showed a multi-million dollar operation to destroy Plaintiff, his
employer and other organizations and activists. This operation was ordered
by the Chamber of Commerce, and its Washington, DClaw firm Hunton &
Williams was the conduit between the Chamber and Team Themis. Team
Themis gathered massive amounts of data about Plaintiff, which was shared
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with lawyers at Hunton & Williams and vice versa. Team Themis illegally
scraped social media sites associated with Plaintiff such as Facebook and
prepared dossiers on Plaintiff and his Facebook friends and others. They
proposed to secretly install illegal mal ware on computers, to create a
disinformation campaign, to create false documents, and to destroy the
funding of Plaintiffs employer. Mr. Barr's dossier quoted from an October 11,
2010 article by Defendant Mandy Nagy published by Defendant Breitbart.com
defaming Plaintiff.
35. After Team Themis illegal campaign was exposed, congressional
investigations were launched and the media extensively covered the story.
36. According to NSAdocuments released by Edward Snowden in
February 2014 and reported on by Glenn Greenwald, the tactics outlined by
the Team Themis campaign were not relegated to the three rogue intelligence
contractors. Instead, they are part of an NSAprogram to disrupt and destroy
activists worldwide. This "dirty tricks" group known as JTRIG-- the Joint
Threat Research Intelligence Group would seek to infiltrate different groups
online and destroy people's reputations _. going far beyond just targeting
terrorist groups and threats to national security.
Among the core self-identified purposes of fTRIG are two tactics: (1) to
inject all sorts offalse material onto the internet in order to destroy the
reputation of its targets; and (2) to use social sciences and other
techniques to manipulate online discourse and activism togenerate
outcomes it considers desirable. To see how extremist these programs
are, just consider the tactics they boast of using to achieve those ends:
'false flag operations" (posting material to the internet and falsely
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attributing it to someone else), fake victim blog posts (pretending to be
a victim of the individual whose reputation they want to destroy), and
posting "negative information" on various forums.
{http://cannonfire.blogspot.com 12014/02 Imin d-blowing.html}
37. Onor about September 2010, Andrew Breitbart, the now deceased
owner of Defendant Breitbart.com, a media company, decided to take up a
parallel campaign started by Team Themis to destroy Plaintiff and his
livelihood. On October 7, 2010, he sent out a tweet saying that he was going to
make Plaintiffs associate Brad Friedman's "life a lot more difficult." On
October 11, 2010, he sent another tweet telling his legion of followers that
Plaintiff and two associates "need exposure," This was a code phrase for his
followers to engage in the type of destruction Breitbart used against ACORN
and Shirley Sherrod-false narratives, edited videos, online gang activity.
{ACORNstaffers and Shirley Sherrod sued Brietbart and Defendant O'Keefe
over that tortious conduct in separate suits. One of the ACORNsuits was
recently settled in the employee's favor and the Sherrod suit is currently
pending in Washington DCfederal court}. He contacted Defendants Patrick Frey,
Lee Stranahan and MandyNagyand others, and conspired with them to target
Plaintifffor a smeaF campaign of personal and professional destruction. Mr.
Breitbart was closelyassociated with Defendant Freyand chose him because of his
position as a LosAngelesAssistant District Attorney and as the owner of the
conservative blog, Patterico's Pontifications.
38. On October 11, 2010, Defendant Nagy, under the direction of and
in conspiracy with Mr. Breitbart, wrote an article smearing Plaintiff that
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appeared on Breitbart.com. http://www.breitbart.com/Big-
Journalism/Z010/10 /ll/Progressives-Embrace-Convicted- Terrorist On the
same day, Defendant Frey followed that article with a similar smear article on
his Patterico's Pontification's blog. HTTP://PATTERICO.COM/ZOIO/IO/ll/BRAD-
FRIEDMANS-PARTNER-AND-BUDDY-A-CONVI CTED- BOMBER-PERjURER-AND-DRUG-SMUGGLER-
SUSPECTED- MURDERER-AND- ELECTION-INTEGRITY- HERO/
39. On October 13, 2010, Plaintiff sued a blogger named Seth Allen for
defamation in the Circuit Court for Montgomery County Maryland. On November
16, ZOl1, the Circuit Court entered judgment in Plaintiffs favor, and issued an
injunction against Mr. Allen. In that case, Mr. Allen filed a motion for the court to
find that Plaintiff was a "public figure," but Judge Quirk found otherwise and
denied his motion.
40. In 2011, Defendant Walker was co-hosting Defendant Frey's
Patterico blog using the name, Aaron Worthing. a supposed attorney from
Manassas, Virginia. Defendant Frey supervised Defendant Walker in that capacity.
41. On or about August 17, 2011, Seth Allen sent an email to Andrew
Breitbart, and Defendants Walker, Frey and Nagy telling them that he was planning
to come to Maryland and "murder" Plaintiff. Defendant Frey, an Assistant District
Attorney, did not contact Plaintiff or law enforcement officials to report the murder
threat Defendant Nagy did contact the authorities and Mr. Allen was arrested in
Montgomery County Maryland.
42. In December 2011, Defendant Walker, using his pseudonym Aaron
Worthing. contacted Seth Allen and offered pro bono to file post-judgment motions
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in Maryland to overturn the judgment entered against Mr.Allen. Defendant Walker,
still using the pseudonym. then prepared and filed numerous pleadings for Mr.Allen
attacking Plaintiffand the judge who issued the judgment. He did this even though
the time for appeal and for reconsideration had expired.
43. Throughout the month of December 2011, Defendants Walker,
Frey and Nagy communicated with each other on how they could destroy
Plaintiff by getting him arrested on false charges. Defendant Frey used his
position as Deputy District Attorney for Los Angeles to give credibility to the
false narratives and accusations he and others made against Plaintiff.
Defendant Frey used his position to launch investigations of Plaintiff by his
supervisors at the Los Angeles County District Attorney's Office and with the
FBI. In fact, Defendant Frey met with both of those law enforcement agencies
and falsely told them that Plaintiff was involved with swatting.
44. On January 6,2012, Defendant Frey counseled Defendant Walker
on how to file and prepare legal filings against Plaintiff to make him appear
odious: "No, You have to start with ten seconds oflabeling him a convicted
bomber and convicted perjurer, and say this is established by major media
stories and by published court decisions. Then say he obtained the injunction
by repeatedly perjuring himself and that you can prove it .... Ethos first. Then
logos. Then pathos,"
45. In an email from Defendant Frey to Defendant Walker on
December 22, 2011, Defendant Frey complimented Walker on a pleading and
then said, "This kicks ass. They are going to go apeshit. When you blog it, I'll
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send it to Glenn Reynolds and tell him that I think this is the guy who swatted
me ...." (emphasis added). Mr. Reynolds is a well-known conservative author,
professor" and blogger. Defendant Frey was conspiring with Defendant Walker
to create a situation that Defendant Frey could use to falsely accuse Plaintiff of
swatting.
46. In another email exchange with Defendant Walker, Walker tells
Frey, "Nowhe [Kimberlin] is going to learn not to fuck with me either." To
which Frey replied: "Yeah, but he is 'fucking' with me. Just not in court. He
sends bullshit interrogatories that he has to know will never get answered.
But mostly he is trying to make me miserable, publishing my address, hiring
people to swat me, Google bombing me, defaming me, mocking me and so on.
.... I just want you to understand that Kimberlin is behind all the things that
have happened to me, and that he is truly dangerous and a psychopath."
(emphasis added). Plaintiffnever hired anyone to swat Defendant Frey, and
never even published online a single word or tweet about Defendant Frey.
47. In other emails to Defendant Walker and some of the other
Defendants, Defendant Frey states that his office at the LACounty District
Attorney is "investigating" Plaintiff and had asked Defendant Walker to keep
quiet while the investigation proceeded.
48. In another email dated December 19, 2011, he states: "Don't
volunteer where you got this stuff. Just because of the investigation. But for
that, I would be shouting all this from the hilltops, but I still think we can put
these guys in prison, so I have to stay quiet." (emphasis added).
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49. In an email dated January 25, 2012, Defendant Frey told
Defendant Walker while waiting for a jury in a case he was trying. "I'm having
fun. This is what I do: prove things. I have a jury out so I have a little time
tonight [to review the pleading Walker prepared regarding Plaintiff). "
50. In several emails on December 21, 2011, Defendant Frey
discussed his planned meeting with the FBI the following day and setting up a
sting operation with law enforcement to arrest Plaintiff. "I don't suggest lying
unless it's done under supervision of law enforcement as part of a sting .... But
it only makes sense as part of a monitored sting."
51. On January 5, 2012, Defendant Frey asked Defendant Walker to send
him a letter about Plaintiff to share with his supervisors at the LACounty
Prosecutors Office and other law enforcement officials.
52. Onor about December 31, 2011, Plaintiffdiscovered that "Aaron
Worthing" was not a real attorney but that Aaron Worthing was actually Defendant
Aaron Walker, an attorney licensed in Virginia.
53. Plaintiffalso discovered that Aaron Worthing was the publisher of a
blog dedicated to attacking, smearing, mocking and insulting the Muslimfaith and
the Prophet Mohammed. That blog was called "Everyone DrawMohammed,"and it
solicited vile, pornographic and insulting depictions of the Prophet from people all
over the world. In December 2011, Defendant Walker had published more than 800
insulting depictions of the Prophet
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was iREsmfleteRt Outside counsel for the company notified Defendant Walker in
writing that he was terminated for writing the hate blog placing his co-workers
at risk, for writing the hate blog at work and for being incompetent: tHese-
reassRS for his termiRatisR:
As for the reasons for your termination, while PHRI would have been
justified in terminating you for your grossly irresponsible actions
related to your blogging, especially on company time (many of your
posts bear time stamps during normal working hours) the actual
reason for your termination is the incredibly irresponsible way that you
performed legal services for PHRI (or failed to) over the past four years,
both as an outside attorney and, since July of 2011, as an employee of
PHRI. As I mentioned to you on Friday, the state of you office is almost
beyond description. Most of the legal documents in your office are piled
haphazardly in no less than five legal sixe paper boxes, without regard
to any kind of organization, filing, chronology, etc. The few files that
were actually stored in your file cabinet are not filed alphabetically or
subject matter. Even those appear to be incomplete and provide no
basis for determining what actions were taken or remain to be taken to
conclude the matter. It is also obvious that most of the work that you
did in that office, as revealed by the stacks of documents in the top of
your desk, relate to personal business, including your various blog
activities. Infact, it is difficult to determine what you were working on
for PHRI over the last few weeks, if anything. (Your characterization of
your office as "messy" is belied by the photographs that we took ta
document the actual conduction of that room). The few documents that
. did relate to PHRI business do not indicate the current status of the
matters to which they related and PHRI is now in the position of
retracing steps and contacting numerous third parties to determine
where things stand. Obviously, those efforts will cost PHRI significant
sums, including the cost for outside counsel to communicate with third
party counsel and continue representation of PHRI, as necessary. Given
those circumstances, it seems clear that you failed to perform your
duties as counsel to PHRI, in favor of pursuing your personal interests,
while being paid by PHRI. Thus, PHRI is entirely justified to terminate
your employment for cause related to your failure to perform in
accordance with the expectations and with your obligations as a
member of the Virginia State Bar. Obviously, even if PHRI had a
severance policy, which it does not, you would not be entitled to receive
any such compensation under the circumstances. Rather, PHRI would
be justified if it sought reimbursement from you for amounts paid for
services that you did not perform during periods during which you did
not perform services.
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In light of all the above, and in the context of your actions outside the
scope of your employment, if you must consider yourself to be a victim,
it is only of your own irresponsible actions. PHRI does not have a
responsibility to provide you with a "soft landing" from those actions in
the form of unearned compensation .....
.... You chose to poke at a group that is known for violent reprisals,
apparently in the name of asserting first amendment rights (even
though the U.S. Government is not involved in suppressing cartoons of
Mohammed). And you were fearful enough of your adversaries to alert
the police in two counties. So it would be unreasonable for you to
condemn common sense efforts to protect those who have nothing to do
with your activities as "beyond all rationality. In hindsight, do you still
consider you "Everyone Draw Mohammed" blog to be rational? If so, I
would not consider you to be a credible appraiser of rationality.
http://www.scribd.com/doc /176869717 ILetters-concerning-Aaron-
Wa Ike r-s- rea 1-reaso ns- for- be ing-te rm ina ted
58. In January 2012, Defendants Walker, Frey, and Nagy, in concert,
concocted a false narrative that Plaintiff (1) caused Defendant Walker's job
termination, (2) was not assaulted, and (3) falsified his hospital records.
59. In February 2012, Andrew Breibart told Defendant Stranahan and
other Defendants that they should aestray target Plaintiff at all casts. Defendant
Stranahan stated that he took this as an order from Andrew Breitbart to put all
available resources into a declaration of war against Plaintiff. Defendant
Stranahan wrote: "This would have been a big deal: putting real journalistic
resources and a huge platform into the Kimberlin story. It's what Andrew wanted."
https: //twitter.com IStrana han Istatuses/381955531889704960
60. In FeBruary ana Marcil the spring of2012, Defendants Walker, Frey,
Nagy, Akbar and Stranahan, in concert, planned ways to push their false narrative
into the media in order to (1) demonize Plaintiff, (2) create a witch hunt, (3) cause
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maximum harm to Plaintiff, (4) portray Defendant Walker as a victim, and (5) raise
significant funds from people who believed the false narrative. Defendant Walker
made many trips to Maryland in furtherance of that conspiracy.
61. InJanuary 2012, Defendant Akbar in conspiracy with Defendants
Walker, Frey, Nagy,Stranahan, and others tllat was lallRElliRga launched a new
entity called the National Bloggers Clubto bring together Replll3liEaRfar right
bloggers to collectively coordinate their messaging about specific issues, and target
specific individuals. Defendant Akbar registered The National B10ggers Club as
a Texas non-profit corporation. When these Defendants agreed to and did
publish the false narratives of the National B10ggers Club regarding Plaintiff
and the Club's fraudulent SOI( c)(3) status, they joined the RICOEnterprise.
Defendant Akbar later stated that he can order bloggers in the National Bloggers
Clubto target people or not target people. Defendant Akbar has stated that he is in a
supervisory position over the other bloggers in the Club. Defendant Akbar has been
to Maryland several times in furtherance of the conspiracy.
62. The National B10ggers Club is a criminal enterprise engaged in
illegal activity for more than two years. It has defrauded citizens out of
hundreds of thousands of dollars by creating false narratives, mostly using
Plaintiffs name, and by falsely stating that it is a SOI(c)(3) non-profit. In fact,
it has never filed any required business filings since its initial registration.
63. The fraud committed by The National Bloggers Club is
extraordinary in its scope because it lasted over a period of years, scammed
hundreds of donors, conned major names in the conservative community, and
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was conceived by a convicted felon from the State of Texas who was on
probation for fraud. Clearly, this fraud was extended, widespread and
particularly dangerous.
64. Defendant Michelle Malkin joined The National Bloggers Club on
its board of directors and used her position and reputation to give the Club
credibility. She joined the RICOEnterprise and conspiracy when she agreed to
and did publish the false narratives of The National Bloggers Club regarding
Plaintiff.
65. Defendants Akbar, Walker, Frey, Stranahan, Nagy and others decided
that Plaintiff would be the first smear target of The National Bloggers Club. They
decided to have an "Everyone BlogAbout Brett Kimberlin Day" on May 25, 2012
where scores ofbloggers would write smear stories about Plaintiff, post them
online, and tweet about them on Twitter. Several of those bloggers are from
Maryland, and all the blog posts about Plaintiff were viewed on the Internet in
Maryland. In fact, Plaintiff is the only person targeted by The National
Bloggers Club for a smear campaign based on false narratives, and he is the
only person the Club used to raise funds for its fraudulent non-profit. The
National Bloggers Club engaged in cyber bullying of Plaintiff on a grand scale.
66. In Mayand June 2012, the National Bloggers Club bloggers generated
hundreds of posts and tens of thousands of tweets smearing Plaintiff. During that
time and continuing until the present, Defendant Akbar solicited donations on his
and other websites for the Defendant National Bloggers Club, and falsely told donors
that their donations were tax deductible and that National Bloggers Club was a
19
legitimate SOl(c)(3) organization. https:/!www.lsnewsgroup.com/wp_
content/upioads/Z013 101 INBC-Feb-9-Z01Z-Letter.pdfDefendant National
Bloggers Cluband the other Defendants raised teRs Oftll811S3RGS of more than a
hundred thousand dollars based on those fraudulent representations. Evenafter
people asked for proof that Defendant National BloggersClubwas granted
SOl(c)(3) status, and Defendant Akbar failed to provide that proof, Defendants
continued to solicit donations for Defendant National BloggersClub. As ofOetol3er
17, 2gB, March 7, 2014, The National BloggersClubcontinues to raise money on a
donate page stating falsely: "National Bloggers Club,Inc. is a SOl(c)(3) -- status
pending" https:/!secure.piryx.com/donate/c97 AfwVc/Remembering- Breitbartl
It is still raising funds to target Plaintiff on its www.BomberSuesBloggers page
through a Rally,org fundraising page. That money is being raised online in
interstate commerce, and placed into a federally insured bank.
67. Defendant National B10ggers Club not only never filed for
SOl(c)(3) status with the IRS,it never filed any IRS990 yearly return, and
never even filed any of the mandatory business filings or tax returns with the
State of Texas. On October 18, 2013, the Comptroller of State of Texas
forfeited the right of The National B10ggers Club to transact business because
ofthese failures to file. And on February 21, 2014, the State of Texas revoked
the charter of The National Bloggers Club to act as a corporation.
68. The Defendants who are members of The National Bloggers Club
created it as a shell company to defraud more than one hundred thousand
dollars from gullible citizens by making up false narratives about Plaintiff.
20
They never intended to and never did run that organization in any legitimate
manner. In fact, The Club has not provided any formal or informal
accountability or transparency as required for 501( c)(3) non-profits.
69. There are several active investigations into the fraudulent
activities of The National Bloggers Club under Defendant Ali Akbar, and a
formal request has been filed with the IRSfor a criminal investigation of the
Club and Defendant Akbar for fraud.
70. After Texas forfeited The National Bloggers Club on February 21,
2014, Plaintiff Brett Kimberlin registered and incorporated The National
Bloggers Club in the State of Texas, and on March 7, 2014, notified Defendant
Ali Akbar that he has no legal right to use that name or entity to raise funds or
for any other purpose.
71. The Defendants National BJoggersCluband AliAkbar solicited and
received donations from citizens of Maryland and throughout the United
States based on their fraudulent representations.
72. Defendant Dan Backer joined the RICOEnterprise when Ali
Akkbar was exposed in articles as a convicted felon and fraudster from the
State of Texas and The National Bloggers Club was exposed as a fraudulent
501(c)(3) non-profit. Dan Backer has a reputation as a lawyer who creates
Political Action Committees or other entities, raises lots money in donations,
and then uses the money as he sees fit without without dispersing the funds in
an ethical manner. For example, he and Todd Ceffarati scammed hundreds of
thousands from Tea Party activists by falsely portraying TeaParty.net as an
21
organization that would help promote Tea Party candidates.
http://conservative-outlooks.com/20 11/04/05/ evidence-mounts-arizona-
tea-party-is-a-fake/ In fact, however, none of the funds raised went for the
purposes represented by Defendant Backer. Defendant Backer has raised
millions of dollars through dozens of entities that do not fund the activities
advertised. According to FECexpenditure filings, Defendants Backer and DB
Capitol Strategies had been connected to Defendant Akbar for several years, and
had been paying Defendant Akbar's Vice & Victory Agency for various things.
73. As a result of these smear blogs and articles, Plaintiff, while in
Maryland, received many threats of injury and death by people who read and
believed the false narratives. These were received by email, phone and blog posts.
Several readers called and/or contacted online Plaintiff, his family, his neighbors
and his children threatening. intimidating and smearing Plaintiff. Several other
readers came to Plaintiffs home in Maryland and took photographs of the home and
of him and his child. This caused Plaintiff and his family extreme emotional distress.
74. Examples of these threats are:
o I'll be bringing the straw for you. It's now not a matter of if.
Brett Kimberlin, neck broken by 110lbs Female Marine.
o Brett Kimberlin is done the hunter is the hunted
o We know who you are. We're coming for you. Youwill pay.
o I don't get intimidated &get on my bad side &you'll get
the full wrath. Not just from but (sic) I have my own. The extreme
wing of the TP has arrived. This message is for Mr. K. It would not suit
the best interests of all people involved in your movement to shut the
F&*Kup &that includes you....
22
Case 8:l3-cv-03059-PWG Document l00-2 Filed 03/07/l4 Page 2l of 83
75. Several of the threats that Plaintiffreceived stated that he would be
harmed or killedif he appeared in court in Marylandor cooperated with the police
there. For example,
76.
If Brett does not start to act likea grown up and quit callingthe police on
people like a little punk There will be hell to pay.
ArmyOfDavidssent a message.... Don't show up in court Tuesday or you
are dead. This is your only warning.
Plaintiff has been under siege by the Defendants for more than
two years. They have been engaged in constant cyber bullying and cyber
stalking of him and his family by using information and communication
technologies to support deliberate, repeated, and hostile behavior to harm
Plaintiff. He lives in constant fear for himself and his family because of the
bullying and threats against him. Virtually every time Plaintiff appears in
Court, Defendants Walker and Hoge have stalked him, and Plaintiff fears that
Defendant Walker will assault him again. Both Defendants Walker and Hoge
constantly write blog posts, some with photos of their shots at the shooting
range, stating how they are armed and dangerous and will not hesitate to use
their weapons against Plaintiff. Plaintiff has witnessed Defendants Walker,
Akbar, McCain, Frey and Hoge attack anyone online who questions their
conduct, and at least one reporter has received many death threats after
writing about the Defendants.
77. Defendants Akbar, Hoge, Walker, Thomas aka
KimberlinUnmasked and McCainhave continued to defame and publicly
attack Plaintiff after the filing of this Complaint with thousands of tweets and
blog posts falsely calling Plaintiff a swatter and stating that he caused
23
Defendant Walker's termination. In virtually every post and tweet, these
Defendants use Plaintiffs name along with a criminal accusation to have that
title listed on Internet search engines in order to cause the maximum damage
to Plaintiff, his reputation, his family, his businesses and his livelihood.
78. Defendant Akbar wrote on the front page of The National
B10ggers Clubwebsite, which was still there on March 7,2014, the following
false narrative:
Kimberlin wants more than the $1 MILLION he is seeking in his frivolous
lawsuit -- he wants silence. Kimberlin's 2 year campaign of harassment has
led to bloggers losing jobs, threats of violence, police "SWATTings" and one
journalist even had to move homes with his family. Frankly, this all costs
mone and Kimberlin knows it. Your hel is necessary.
www.BomberSuesBloggers.com
79. As part of Defendant Walker's fraudulent plan to portray himself as a
victim of Plaintiff, Defendant Walker filed numerous false criminal charges, Peace
Orders and civil suits against Plaintiff in 2012 and 2013 in Maryland. Each of these
filings made false claims and allegations against Plaintiff, and the judges and/ or the
State's Attorney in Montgomery County Maryland, Prince William County Virginia,
and the United States District Court in Greenbelt, Maryland rejected each. Despite
these rejections, Defendants continued to repeat their false narratives as concocted
by Defendants Walker, Frey, Nagy, Stranahan and others. Mr. Walker and other
Defendants have continued to repeat these false narratives even to this day.
80. Several of the Defendants conspired to intimidate State Attorneys in
Montgomery and Howard County Maryland, and Judge Richard Jordan and Judge
24
Cornelius Vaughey in Montgomery County after they rejected Defendants' false
narratives. Specifically, Defendant Walker defended Seth Allen's online attacks of
judge jordan, and then Defendant Walker, using the pseudonym Aaron Worthing,
filed pleadings for Mr. Allen defending those attacks. He did this after Seth Allen
sent him an email saying that he might come to Maryland to murder Plaintiff.
Defendants Walker, Hoge, Frey and Stranahan condemned judge Vaughey online
which resulted in the judge being targeted by having his home phone number and
address posted online, causing the head of courthouse security to provide special
security for him. Defendants Walker and Hoge caJJed on their foJJowers to contact
Montgomery County States Attorney john McCarthy and demand that he arrest and
prosecute Plaintiff based on their false narratives. In March 2013, Defendants Hoge,
Walker, McCain and Stranahan launched "Everyone Blog About Howard County
(Maryland) State's Attorney Day," which resulted in threats by phone and email to
the State's Attorney over a period of several weeks.
http://theothermccajn.com 120 13 104 108 le-mail-from-a-former-maryland-
res ide nt-to- howa rd -co un!;y-md-sta tes-atto rn ey I
http://a lIergic2bu II.blogspotcom 12013/03 leyeryon e-b log-a boyt- howa rd -cou n!;y_
md.html
http://hogewash. com 12013 103125 leveryone-hlog-a bout -the- howa rd -cou n!;y-.
states-attorney-dayl
81. At some point between December 2011 and May 2012, Defendants
Walker, Frey and others concluded that they had to create a more sinister false
narrative against Plaintiff that would result in criminal and Congressional
25
investigations. Therefore, they decided to very publicly falsely accuse Plaintiff of
"swatting conservative bloggers in order to silence them."
82. Defendant Frey was allegedly swatted on June 30, 2011 at his home in
California. At the time, he told the police that he thought it was because he was
writing about Congressman Anthony Weiner. However, starting in December
2011, ~ Defendant Frey, in concert with others, including Defendants Walker,
Nagy and Stranahan, began publicly implying and stating that Plaintiff had him
swatted. Some of these statements were in writing and others were oral. For
example, http://allergic2bull.blogspot.com 12012 105 Ibreaking-another-critic-of-
convjcted.html. In fact, in an email to Defendant Walker on December II, 2011,
Defendant Frey said that he would call blogger Glenn Reynolds and tell him
that Plaintiff swatted him.
83. Defendants quickly realized that their allegations of swatting against
Frey one year earlier were not belie\'able getting enough traction so they
concocted a plan to get the swatting smear into the mainstream media, and they did
that by recruiting Defendant Erick Erickson, who blogged at the highly trafficked
RedState and was a paid commentator at CNN. On or about May 15, 2012, Defendant
Erickson joined the RICOEnterprise by contacting his local police and told them that
he was going to write about Plaintiff on Defendant RedState and might be swatted.
And, as predicted, on May 27, 2012, Erickson was swatted and the police he had
earlier told to expect the swatting came to his home in Georgia. Defendant Nagy
wrote about the swatting incident for Breitbart.com and posted the video from the
CNN broadcast, which were viewed in Maryland. This contained the defamatory
26
implication that Plaintiff was involved with the swattings.
http://www.breitbart.com/Big-Government/2012 106/08/Eriekson-CNN-SW ATting
84. Defendant Erickson and many other Defendants and members of the
National B10ggersClub wrote extensively about Defendant Erickson's swatting and
falsely blamed Plaintiff for doing it, both directly and by implication. For example,
http://www.examjner.com/a rticle Ibl0li:gers-obserye-day-of-sjlence-to-u rge-
congress i0naI-acti0n-over-swa tti nIi:
Defendant RedState published two articles imputing that Plaintiff was
involved with "political terrorism" through swatting.
http://www.redstate.com/eriek 12012 lOS 129 lone-metrie-on- impact-swattj Of:1
http://www.redstate.com/erjck/20 12IDS 125 Idai Iy-koss-nea I-rauhauser-bomber-
brett-ki mber! in-and-politiea I-terrorism I
85, Defendant Eriekson appeared on CNNTelevision on June 8, 2012 and
imputed that Plaintiff was responsible for the swatting through "his fan club."
Defendant Erickson even pushed back against the reporter's protests that there was
no evidence of Plaintiffs involvement, saying that "the same fact pattern" applied
where the bloggers wrote about Plaintiff and within weeks they are swatted. A
video of this appearance was posted widely on the Internet and on YouTube.
http://www.youtube.com/watch?v=T150f46Awl M
86. On June 25, 2012, Defendant Walker was allegedly swatted at his
home in Virginia. He and other Defendants stated publicly in print and on radio that
Plaintiff was responsible for the swatting. Defendant Walker appeared on Huff Post
Live, imputing that Plaintiff swatted him.
27
http://li ve. hu ff1ngtQn pQstcQm Ir Isegment Iswa tti ng-
lapd 15166cb75fe34442d70000390. And he pQsted Qn his Twitter aCCQunt.
"As fQr TSG and stack, they were at least the tQQls Qf Kimberlin and Rauhauser, whQ
had a hand in SWATting him, tQQ."
https:lltwitter.cQm/AarQnWQrthing/status 1342499727444688896
87. On Qr abQut May 25, 2012, Defendant Glenn Beck joined the RICO
Enterprise and prQvided a platfQrm Qn his Glenn Beck/Mercury Radio Arts
Programs radio/television broadcast for Defendants Walker and Frey to accuse
Plaintiff of swatting. Specifically, Defendant Beck allQwed Defendants Walker and
Frey tQappear via audio Qn his radiQ/televisiQn prQgram and impute, imply and
state that Plaintiff targeted Defendant Frey with swatting and caused Defendant
Walker tQ be fired. Defendant Frey stated on the program that he is a "Deputy
District AttQrney." These programs were viewed in Maryland and across the globe.
Defendant Frey specifically stated that the swatting "happened to another guy
writing about the same story," and Defendant Frey stated that Plaintiff "could have
gotten me killed." http://www.youtube.com/watch?v=Q8FOgXI8bUE
88. On May 25, 2012, Defendant The Blaze published an article entitled,
"Do You KnQw What 'Swatting'ls? Victims Tell Beck How They Were Targeted By
Terrorist Brett Kimberlin," and said title and article imputed that Plaintiff swatted
conservative bloggers. This was viewed in Maryland and published on the Internet
http://www. theblaze.cQm Istories 120 12lOS 125 Ido-you- know-what -swattin g-is-
victi ms- te 11- beck -how- th ey -we re- ta rgeted -by- te rro rist -brctt -ki mberl j n I
28
B9. OR May 2li. 2Q12. lJefeRaaRt CleRR Beel( fJlIBlisllea aR artiele ORIlis
CleRRBeekeom site titlea"CleRR Tallffi To Bloggers ABOllt Brett KimBerliR
Terrorism" iRwfiiellile imfJlltes tllat PlaiRtilfswattealJefeRaaRt Frey. Tilis was
viewea gloBally ORtile IRteFRet Iltt~:/lww' . gleRRBeek!Om 12Q12/Qli 12li/gieRR
tallffi to lJloggers aBollt Brett kimlJerliR terrorism I
90. On May 25,2012, Defendant The Blaze published an article titled
"Meet Soros-Funded Domestic Terrorist Brett Kimberlin, Whose 'Job'ls
Terrorizing B10ggers Into Silence," which falsely and maliciously states that
Plaintiff has filed over 100 frivolous lawsuits and is viciously attacking
bloggers. http://www.theblaze.com/stories /2012/05/25 /readymeet -soros-
funded-domesti c-te rro rist -bre tt -kimberl in-whose-job-is-terro ri zing- bloggers-
into-silence/
91. Later that day, GlennBeck.com, GlennBeckTV, TheBlazeTV under
the banner of Defendant Mercury Radio Arts, published another article titled
"Glenn Talks To B10ggersAbout Brett Kimberlin Terrorism." which falsely and
maliciously imputes that Plaintiff swatted Defendant Frey and Defendant
Walker. That article has two videos of Defendant Beck interviewing
Defendants Frey and Walker in which they imply and impute that Plaintiff
swatted them. Defendant Beck states that The Blaze article about Plaintiff is
"one of the most important exposes that they have ever done." He falsely
stated that Plaintiff was being paid to "put conservative bloggers out of
business." http://www.glennbeck.com/20 12lOS 125 19-1enrHa Iks-to-bloggers-
about-brett-kimberlin-terrorisml This was viewed globally on the Internet.
29
92. At about the same time, Defendant Beck also published a
defamatory graphic which he hand wrote which has Plaintiff in the center of a
host of criminal activity including swatting. tax evasion and stalking. This and
the other defamatory statements by Defendant Beck and the companies he
controls were done maliciously to cause maximum harm to Plaintiff.
Defendant Beck knew of should have known they were false, and he did not
conduct any due diligence or ask Plaintiff for comment before making the
malicious statements. These statements placed Plaintiff before the public in
false light in a highly offensive manner, and Defendant Beck acted with a
reckless disregard for the truth because he did not follow journalistic
standards that require that the subject of a story be given the opportunity to
respond to an allegation of wrongdoing.
93. OnJune 4, 2012, Defendant Aceof Spades joined the RICOEnterprise
and published "National Dayof BloggerSilence"on his blogto focus attention on the
false narrative that Plaintiffwas responsible for swattings. Inthe article, Defendant
Aceof Spades imputed that Plaintiffwas involvedwith the "crime"of swatting:
"Theyare literally going to get someone kif/ed. That is their endgame here." "...Brett
Kimberlin and his stalker crew ...." This was viewed in Maryland.
http://ace.mu.nu /archjves/329849.php He published four other defamatory
articles.
In the first, article, http://minx.cc/?post=329569 he republished a
post from Patterico which accuses Plaintiff of swatting and then he
says:
"It's as long as an Ace of Spades movie review, but it is a shocking
exposition of just how nefarious Kimberlin and his henchmen are
alleged to be."
30
In the second article, httD:/face.mu.nu/archives/329494.php he

targeted Plaintiffs employer, saying that the non profit gets donations
to subsidize Plaintiffs "harassment and abuse And then he falsely
accuses Plaintiff of harassment, and then he calls him a "thug." And
then: "Youcan be a thug if you like. But you can do it onyour own
goddamned dime. One last thing we can do: We can
urge/request/demand our representatives read Brett Kimberlin's
criminal history into the UnitedStates Congressional Record.
Why? Not for punitive reasons. Rather, to answer the question I posed
in the headline. Did the USCongress strip American citizens of their
right to state demonstrably true facts without unending harassments?
Did we lose that right simply because Brett Kimberlin has decIded, as
a Congress of One, that we should no longer have it?"
In the third article, http://ace.mu.nu/archives/329977.php.he
engages in widespread defamation.
"Two people have already been silenced. One man has been arrested --
arrested, for blogging about the criminal history of Brett Kimberlin,
and for describing his ongoing ordeal at Kimberlin's hands. Unless
Congress acts -- and acts swiftly -- there will be still further innocent
citizens subjected to Brett Kimberlin's lawless vigilantism."
He then republishes an article accusing Plaintiff of running a new
criminal "scam."
Then he imputes that Plaintiff was involved with swattings, and in
terrorism. "While I, and Kimberlin's other targets, are heartened by
Congress' letter to Eric Holder to look into the SWATting matter, what
a reading of Citizen Kdemonstrates is that Congress itself needs to act
in order to finally put an end to Brett Kimberlin's ongoing digital (and
real-life) terrorism."
"Prison did not stop his crimes. Prison only taught him new skills."
"And the avalanche of frivolous, vexatious, and outright malicious
lawsuits begins anew, as well as more alarming harassments,"
"I am writing to you, Members of Congress, to alert you of the full
menace that Brett Kimberlin still poses to society. He should never
have been let out of prison; having lived nearly the entirety of his life
since high school as one-man crime wave, it can hardly have been
believed that he had truly reformed by 2000,"
"It is a burden to live with a criminal conviction for a terrifying
domestic-terrorism bombing spree, as Brett Kimberlin well knows.
However, Brett Kimberlin has decided that burden shall no longer fall
upon his shoulders, but upon the shoulders of anyone who mentions
his extensive, remorseless, relentless criminal history. Brett
Kimberlin has personally decided that it is society at large, rather
than himself. who shall bear the burden of his crimes,"
31
"Will Congress consider enacting positive legislation to limit Brett
Kimberlin's relentless determination to sue over any negative
mention of his past?"
"At some point, the ongoing case of Brett Kimberlin v. The World At
Large must finally, finally end."
"Acrime is in progress. It is ongoing. Will Congress please act to stop
it?"
"If you are reading this, please contact Congress to ask them to not
only take an interest in this matter, but to seriously consider enacting
positive statutory law to limit Brett Kimberlin's ongoing abuse ofthe
legal system and corruption of justice."
"Congress also doesn't appreciate the urgency of the situation. If
there's one theme of Brett Kimberlin's life, it's escalating risk-taking
when already in a risky situation."
"The Speedway Bombings, of which he was convicted, were conducted
even as he was under investigation for the murder-by-hire of an
innocent grandmother. The theory was that Brett Kimberlin set the
bombs to cause chaos and prevent a proper investigation ofthe
execution-style murder of Julia Scyphers."
"Escalation ..... Escalation. And this leads to the last point that I don't
know if Congress is aware of: Brett Kimberlin is a dangerous man.
That is not my opinion; that is the finding of the United States federal
courts. This is not some blogwar bullshit. This is not a case of he
called me a dirty name on the internet and I'm angry. This is digital
terrorism, straight up. With consequences that go far beyond what
someone said about you on Twitter. Some people are heartened that
this malicious ongoing to threat to society is finally getting some
media coverage, and some United States government officials are now
paying close attention. I'm not. Because I know what happened last
time Brett Kimberlin began getting some serious scrutiny: Bombs
began going off. Escalation. H
And in the fourth article, http://ace.mu.nu/archives/330355.php. he
falsely states that Plaintiff has been engaged in "his endless campaign
of harassment, intimidation, and lawfare." He then quotes verbatium
from Defendant Dan Backer and DBCapitol Strategies' defamatory
post accusing Plaintiff of swatting.
94. OnJune 25, 2012, Defendant Stranahan wrote an article on
Breitbartcom, implying that Plaintiff was responsible for the swatting of Aaron
Walker. This was available to citizens of Maryland. http://www.breitbartcom/Big-
Government/20 12/06/25 1BIogger-Aaron-Walker-Swatted
32
95. On June 25, 2012, Defendant Frey wrote an article on Patte rico's
Pontifications implying that Plaintiff was responsible for the swatting of Defendant
Walker, and even told other bloggers to call the police if they planned to write about
Plaintiff because they could be swatted. All of Defendant Frey's blog posts are
viewable in Maryland. http://patterico.com/2012106/25/aaron-walker-swatted I
96. On May 27, 2012, Defendant Erick Erickson joined the RICO
Enterprise and published an article on Defendant RedState, which was viewed in
Maryland, implying that Plaintiff was somehow involved with swatting him:
Last week we spent a lot of time writing about Brett Kimberlin and the
incident involving blogger Patte rico where someone spoofed his phone
number and told 911 he had shot his wife.
Tonight, my family was sitting around the kitchen table eating dinner when
sheriffs deputies pulled up in the driveway.
Someone called 911 from my address claiming there had been an
accidental shooting.
It wasn't nearly the trauma that Patte rico suffered, but I guess the Erickson
household is on some body's radar.
Luckily it was two sheriffs deputies who knew me and I had already, last
week, advised the Sheriffs Department to be on the look out for something
like this. http://www.redstate.com/erick/2012 105 127 Iswattin2-the-
erjcksonsl
97. On June 25, 2012, Defendant Twitchy joined the RICOEnterprise and
published an article titled, "Aaron Walker Swatted," which compiled dozens of
tweets that together impute that Plaintiff committed the swatting. Twitchy posts
are viewable in Maryland. http://twitchy.com 12012106/25 laaron-walker-swat-
98. Defendant The American Spectator published numerous
defamatory articles by Defendant McCain and then removed them. Defendant
McCain complained to the editor and the articles were then republished in
33
February 2014 with different uris. The sheer number of articles published by
the American Spectator about Plaintiff demonstrates malice an intent to harm
him and his business prospects. For example, in one, titled "Terror ByAny
Other Name," Defendant McCainimputes that Plaintiff was involved with
swattings and writes: "
Mchelle Malkin has called Brett Kimberlin an "online terrorist
ringleader," while blogger Jimmie Bise Jr. prefers the phrase "lying
felon," but Kimberlin's political allies call him a "progressive activist."
During the past week, Kimberlin's bizarre methods of "activism" have
made him the focus of intense scrutiny from conservative bloggers,
arousing the interest of major news organizations, so that the
convicted felon once notorious as the "Speedway Bomber" is likely to
become even more notorious in the near future.
Since 2010, Kimberlin has been suing. smearing. harassing. and
otherwise attempting to intimidate bloggers who write about his
criminal history. It seemed he was intent on silencing the truth and --
although I had never even heard of him until May 17 -- within four
days of my beginning to report about him on my personal blog.
Kimberlin began targeting me with his thug tactics. On Monday, May
21, I left my Maryland home and departed to another state where, for
the past week, I've continued a series of reports I've called "Ib.!:.
Kimberlin Files," These online dispatches have been filed from an
undisclosed location,my whereabouts concealed in order to protect
myself and others from the menace of a dangerous man who by all
rights should still be behind bars.
http:// spectator. orgl artielesI 57675Iterror-a ny-other-name
99. Defendants Erickson,Walker, Frey and others contacted Members of
the House and Senate, telling them that Plaintiffwas responsible for the swatting
and urging them to demand a criminal investigation by the Department of Justice.
Asa result Senator SaxbyChamblissand 87 House Members signed letters urging
the Department ofJustice to investigate and prosecute the person who swatted
"conservative bloggers." These letters in conjunction with the falsestatements by
Defendants imputed that Plaintiffwas involvedin the swattings. For example,
34
Defendant Robert Stacy McCain,a member of the National B10ggers Club and
partner of Defendant Ali Akbar, reported about the letters and urged mainstream
reporters to "peel... that big onion" around Plaintiffs connections to the swattings.
http://theothermccain.com 12012 106/11Iflorida-rep-sandy-adams-leads-85-
house-republicans-i n-swattin g-Ietter 1
100. Two FBIagents came to Plaintiffs home in Maryland on or about July
1,2012, and interviewed Plaintiff about the swattings. On or about August 20, 2013,
another FBIagent interviewed Plaintiffs wife after Defendant Walker contacted the
agent and told him to surprise her at a location in Maryland known to Defendant
Walker.
101. In 2012 and 2013, Defendant Walker repeatedly contacted state and
federal law enforcement officials and falsely told them that Plaintiff committed the
swattings and demanded that they arrest him. In 2011 and 2012, Defendant Frey
repeatedly contacted state and federal officials and told them that Plaintiff
was involved with the swattings. These Defendants made these false
statements without any evidence that Plaintiff was involved with the
swattings and they did so in order to have Plaintiff arrested or harassed by
law enforcement agents.
102. Defendant Walker through Defendants Dan Backer and DB Capitol
Strategies attempted to use discovery in his frivolous Virginia civil lawsuit to
demand documents from Plaintiff to bolster his false swatting allegations. The judge
in the case denied those discovery requests. Prince William Virginia Circuit Court
Judge Potter found that that case was without merit, both legally and factually,
35
and was brought for an improper purpose. Plaintiffwas required to travel from
Maryland to Virginiato defend against that malicious suit
103. Defendant Walker through Defendants Dan Backer and DBCapitol
Strategies fileda federal lawsuit in the District of Marylandasking the federal court
to prohibit Plaintiff from seeking redress in State of Maryland courts based on the
false narrative that Plaintiffengaged in criminal and unethical conduct Defendant
Walker came to Maryland from Virginiato prosecute that malicious suit
104. Defendants Walker and DBCapitol Strategies attempted to use
Defendant Walker's frivolous federal lawsuit to extort a settlement that would
require the termination of Plaintiffs employment at the non-profit, and the
disclosure of protected information from his employer. Attorney and Defendant
Dan Backer wrote an email to that effect and it was received in Maryland. He
included Plaintiffs employer in the suit in bad faith and did not even allege
that the employer did anything except employ Plaintiff.
105. When Plaintiff refused Defendant Backer's extortionate demand
and filed a Motion to Dismiss, Mr. Backer responded by sending a defamatory
document hold letter to the non-profits' largest institutional funder, and
falsely told that funder that Plaintiff and the non-profits were engaged in
criminal activity on a grand scope. The letter states in part:
This letter is to inform you of the current above-styled lawsuit
pending against Mr. Brett Kimberlin, Justice Through Music Project,
and Velvet Revolution US("the Organizations"), in which I represent
Plaintiff Aaron Walker. Your organization has come up during the
development of this litigation as a donor to one or both ofthese
organizations, and as such potentially enabling the tortious and
potentially unlawful conduct of Mr. Kimberlin and the
Organizations. For your benefit, I have enclosed the Complaint and a
36
Rule 11 motion Mr. Kimberlin filed against me in a desperate
attempt to intimidate me from pursuing tbis case and litigating it
through trial. I have also included my response and I give you my
assurance that I will be preceding (sic) in strict accordance with the
Federal Rules of Civil Procedure and, in short order, with discovery
which will seek information on every aspect oftbe Organizations'
including donor and fundraising apparatuses. Because of your
organization's involvement with Mr. Kimberlin and the
Organizations, and because of their potentially tortuous and
perhaps even illegal activity, I am sending you tbis letter as a
request to preserve potential evidence in tbis matter .....
Two days after Defndant Backer sent tbe defamatory letter, Judge Motz
dismissed the case against Plaintiff and the non-profits.
106. Defendant DBCapitol Strategies posted on its website that it was
suing Plaintiff in federal court to defend bloggers from "swatting," imputing that
Plaintiff was responsible for those swattings.
http://bloggersdefenseteam.coml?about Defendants Dan Backer and DBCapitol
Strategies wrote on its blog that Plaintiffs "victims" were "swatted," implying that
Plaintiff was involved with the swattings. "Kimberlin 'associates' are suspected in
far more sinister forms of harassment - including the 'SWATting' of an Assistant DA
in California." http://bloggersdefenseteam.com f?narrative These are still viewalJle
now only viewable via password in Maryland but were viewable for more than
one year.
107. Defendant DBCapitol Strategies raised tens of thousands of dollars
based on this false narrative and is still FaisiRg continued to raise funds even
though Judge Motz dismissed its frivolous suit against Plaintiff on November 26,
2012.
37
108. Defendant Walker's attorney in the state and federal lawsuits,
Defendant Dan Backer, who is the director of 0 BCapitol Strategies, refused
Plaintiffs repeated requests to remove the false and defamatory information from
the DBCapitol website. Finally, in February 2014, those posts were placed
under password protection.
109. Defendant Michelle Malkin used her blog and Twitter compiler,
Defendant Twitchy, to repeatedly state that Plaintiff committed the swattings. For
example, on May 30,2012, she wrote a blog post titled "Breakthrough: Fox News
Covers Brett Kimberlin/Patterico Swattings."
http://michellema Iki n.com 12012 lOS 130 Ibreakth rough-fox-covers-brett -ki mber! in-
pa tte ri co-swatti ng-b logge rs-co nti nue- pressi ng-the-sto ry I
110. On April 8, 2013, Defendant Michelle Malkin published an article on
her blog titled, "More Celebrities Swatted, Meanwhile Anti-Brett Kimberlin Bloggers
Still Under Fire." http://mjchellemalkin.com/2013 104/08/more-celebdties-swat-
ted -meanwhile-anti-brett- kimberl in-bloggers-sti II-under-fire I Defendant Mal kin
imputed that Plaintiff was responsible for the swatting of Defendants Frey and
Walker. The first commenter to the article said: "Brett Kimberlin needs to wake up
with a horse's head in his bed."
111. Defendant Frey is an Assistant District Attorney in Los Angeles,
California by day and by night he blogs as Patte rico. Defendant Frey has repeatedly
stated, directly and by implication, that Plaintiff swatted him. For example, on May
25,2012, Defendant Frey headlined an article about swatting with Plaintiffs name
prominently displayed said in the article stating that he could have been killed, and
38
imputed that Plaintiff was responsible for the swatting.
http://patterico.com 12012 lOS 125 Iconvjcted-bomber-brett -ki mberlin- neal-
ra uha use r- ro n-bryna ert -a nd-th eir-ca mpa j ~n-0f-pol iti ca 1-terro ris mI
112. Defendants Frey, Walker, Stranahan, Nagy, McCain and others have
used Defendant Frey's job description - "Assistant District Attorney" - to
give credibility to their statements smearing Plaintiff as a swatter. This
job description has been published in articles, in tweets, in emails, and in
letters. For example,
Defendant Frey wrote "I am that L.A. County Prosecutor."
http://patterico.com 12012 lOS 125 lconvicted-bomber-brett-
ki mbe r lin -nea 1- ra uha use r- ro n-bryna ert -a nd-th eir-ca mpa ign -0f-
political-terrorisml
"Los Angeles County Deputy District Attorney Patrick Frey has an
unusual night job."
http://www.laweekly.com/2012-11-08 Inews/patrick-frey-
swattin~-patterico-deadly-~ame Ifull I
"It's a phone call that could have gotten me killed," Patrick Frey,
a deputy district attorney at Los Angeles County District Attorney's
Office .....
http://www.foxnews.com/poljtics/2012 lOS 131 Iconservative-
bI0~gers-sa y-t heyre- bein~-harasse d-for- posti n~s I
"LAWeekly recounts the story of Deputy District Attorney Patrick
Frey, the well-known conservative blogger Patterico, being
39
SWATted last summer" http://www.breitbartcom/Big-

Government/20l2 /11 /OB/LA-Weekly-Interyjews-Patterico-About-
His-SWATting
"Another blogger who was SWAT-ted, Patrick Frey, a Los Angeles
assistant district attorney, went through the terrifYing experience in
Julyof20ll"
http://www.washingtontimes.com/blog/watercooler/2012 hun /1 0
/p icket -fJa -congresswo rna n-leads-e[fort -derna nding-sw/
"In October of 201 0, I was contacted by J. Patrick Frey, a.k.a.
"Patte rico" of Patterico's Pontifications. Patrick is a Deputy District
Attorney in Los Angeles in the hard core gang unit"
http://allergjc2bu II.blogspot.com /20 12/05 /how-brett -kimbe rIin-
tried-to-frame-me 17.html
113. Defendant Frey relies on his job as Assistant District Attorney to
maintain a leadership and supervisory position in the conservative blogging
hierarchy and in the instant racketeering enterprise. His orders are followed, his
directives are heeded, his legal analysis is unquestioned, and his statements are
believed.
114. Defendant Frey routinely refers to himself on his blog as
"Patterico," a "prosecutor in Los Angeles County .....
http://patterico.com/aboutpatterico. Readers, commenters and reporters all
believe that Frey's well-known online alter ego "Patterico" is a digital
extension of John Patrick Frey, the Los Angeles County Deputy District
40
Attorney. In fact, Defendant Frey identifies himself as "Patterlco" and
describes "Patterlco" as a prosecutor in Los Angeles County who prosecutes
criminals. In his blog posts, Defendant Frey has made clear that "Patterlco's
Pontifications" is the product of a Deputy District Attorney. Frey has indicated
that "Patterico's Pontifications" is linked to his position as a prosecutor. In a
September 9,2009 blog post entitled "Patterlco Banned at the L.A.Times???,"
Frey wrote "[a)re they banning all Deputy District Attorneys? Or just the ones
that make them look like fools on a daily basis?" Id. Frey's post shows that he
perceives any purported ban on "Patterlco" to be related to Frey's position as
Deputy District Attorney. Id. Due to Frey's repeated references to his position
as a prosecutor, other media outlets have viewed "Patterico's Pontifications"
as inextricably linked to his position as a deputy district attorney. Moreover,
Frey frequently invokes his position as a prosecutor to lend substance and
weight to his opinions, including claiming that "we Deputy DA'sare suspicious
by nature;" disparaging a commenter's critique on his blog post by stating
"[i)n your world, every prosecution is of an innocent person ... your world has
nothing to do with the world I know, and you are clearly 100% ignorant ofthe
nature of the process you are discussing" asserting that "b)eing a prosecutor
is about presenting the truth" (Id.); and discussing inside information from
the DA'sOffice. "Patterico's" invocation of his authority as a prosecutor is
subtle and Frey has intentionally crafted "Patterico" to give the impression
that "Patterico" speaks casual, offhand, and is almost always followed by a
"disclaimer." But when "Patterico" continuously and extensively identifies
41
himself as a prosecutor, when he uses his public position to exert influence
and lend credibility to his opinions, and when he threatens criminal
prosecution, Frey has transformed "Patterlco" into the virtual, online
personification of the Deputy District Attorney John Patrick Frey. Thus, when
"Patterico" speaks, he speaks with the authority and prestige of the Office of
the District Attorney. By cloaking himself with the power of his government
position, "Patterico" placed readers and Internet observers on notice that his
expressions carried the weight and gravitas of a prosecutorial office of the
state government. Like the off-duty police officer who flashes his badge and
uses a department issued handgun, "Patterico" openly displays his credentials
as a prosecutor. When "Patterico" issued his threat to investigate and
imprison Plaintiff for swattings, the statement was uttered with the force of
authority conferred on Frey by virtue of his position as a prosecutor on a
matter in which Frey was uniquely endowed to act.
115. Manyof the Defendants and other non-defendant bloggers and
reporters believed that Plaintiffwas involved with the swattings because of
Defendant Frey's position as Deputy District Attorney. The accusations and
implications by Defendant Frey were so credible because of his position as a
prosecutor, and he capitalized on that position to make sure that no one questioned
that Plaintiff committed the swattings. Heand other Defendants also used that
position to maximize the publicity about the swattings, and to mislead the FBIand
Congress about the swattings.
42
116. Plaintiff has repeatedly informed the Los Angeles County District
Attorney's Office and Internal Affairs about the tortious conduct of Defendant Frey
but his supervisors have told Plaintiff that they have given Defendant Frey
permission to act that way as long as he does not do it while physically at the
District Attorney's Office.
117. On May 23,2012, Plaintiff received a threat on his non-profit
website contact page saying: "LEAVE HIM ALONE. DON'T GO THERE." Plaintiff
interpreted this as a threat to leave Mr. Frey alone and not to contact his
supervisors. When Plaintiff checked the contact logs on for that time and that
website, he discovered that the email came from the "Los Angeles County
Sheriffs Department:' at IP Address 146.233.0.202 in Whittier, California.
Only a person acting under color oflaw could convince an employee of the LA
County Sheriffs Office to write a threat like that. The person who wrote it
would have to feel that he would be "protected" by Defendant and Deputy
District Attorney Frey against any blowback.
118. Defendant Frey acts under color of the law of the State of California,
which has given him full authority and permission to smear Plaintiff, falsely accuse
Plaintiff of swatting, and defame Plaintiff.
119. Defendant Frey, as an official of the State of California, has used his
position to intimidate, harass, stalk, threaten and harm Plaintiff, directly and
through others. Defendant Frey masquerades as a law abiding state official by day,
and then by night he calls on his readers to harass his targets, including Plaintiff. All
the while, Defendant Frey and his employer maintain official plausible deniability by
43
asserting that he is acting alone and off duty, yet he wears the title of Assistant
District Attorney by day and by night and uses it on his blog, in talking to media, and
to bolster his stature, credibility and standing.
120. Defendant Frey has stated that Plaintiff should be arrested and jailed
for various reasons. Because these statements come from an Assistant District
Attorney, they carry much greater weight than would such calls coming from a
regular citizen. These statements have been viewed in Maryland.
121. Defendant Frey secretly contacted the spokesperson for the
hactivist group Anonymous Barrett Brown and sought his help and the help of the
hacker group Anonymous to intimidate Plaintiff. Defendant Frey used his position as
Deputy District Attorney to make that contact and implied to Mr. Brown that
because of his position, he may be able to provide a quid pro quo to help Mr. Brown
with his legal problems in exchange for Mr. Brown helping Defendant Frey.
htUJ:I/pastebjn.com/WGdGScBD Mr. Brown refused that request and posted his
chat logs with Defendant Frey.
122. Defendant Walker has written many letters to people and officials
using Defendant Frey's job position in order to enhance the credibility of his false
statements against Plaintiff. Defendant Walker has used Defendant Frey -"Assistant
District Attorney"-as a reference, and urged people to contact Assistant District
Attorney Frey to verilY Defendant Walker's false statements about Plaintiff.
http://allergic2bull. blogspot.com 12011 112/i-respond-to-brett-kimberlins-
motion.html
44
123. As noted in the emails from Defendant Frey above, Defendant Frey
uses the legal training, legal contacts. and legal resources he has developed as an
Assistant District Attorney to target Plaintiff with smears. false narratives and legal
analysis.
124. Defendants have repeatedly stated that their goal is to have Plaintiff
arrested and jailed. and destroy his ability to raise funds for his non-profit
employer.
125. Defendants' business model is to create false narratives about Plaintiff
in order to raise funds for themselves while driving their blogs to higher ran kings of
Internet search engines such as Google.
126. On June 26. 2012. Defendant The Franklin Center joined The RICO
Enterprise and published a press release that was viewed in Maryland. aRd ReIda
eeiRaT.which stated:
Convicted domestic terrorist Brett Kimberlin and his associates have
repeatedly terrorized bloggers and others who highlight his story with over
100 frivolous lawsuits and 4 SWATtingattacks. SWATting is a dangerous
tactic that involves calling a police department to report a false crime to get
a SWATteam dispatched to the victim's house. The attacks have included
bloggers Patte rico. Erick Erickson, and as recently as last night. Aaron
Worthing.
http://fra nklincenterhq.org /5833 /fra nklin-ce oter-joins-Iee-stranahan-
00 pehat-aaron-waIker-rna0dy-nagy-and-0 thers- to-discuss- protecti 00-0 f-
the-free-press/ (This blog post was voluntarily removed by the
Franklin Center on or about February 1. 2014)
127. The Franklin Center held a webinar, which included Defendants
Walker. Nagy and Stranahan which stated and/or imputed that Plaintiff was
involved with swatting and had gotten Defendant Walker terminated from his
employment -"Aaron Worthing was swatted last night and is a very high
45
profile victim of Brett Kimberlin." That webinar was posted by The Franklin
Center on YouTube where is received widespread viewership from across the
globe and it is stilI available on YouTube as of March 8, 2014.
http://www.youtube.com/watch?y=N90 lyW(JN7E8
128. On May 25,2012, Tabitha Hale wrote an article on The Franklin
Center website titled, "Holding Political Terrorist Brett Kimberlin
Accountable" which falsely stated that Plaintiffis a child molester, assassin,
who has filed over 100 frivolous lawsuits, and attacked "any blogger who
dared mention his name ....The article urges readers to target the State
Department for working with Plaintiffs employer.
http:// franklincenterhq.org 15546 Ihold ing-po!itical-terrorist -brett -kimherl in-
accountahlel
129. The Franklin Center's strong relationship with the fraudulent National
Bloggers Club and further evidence that it joined The RICOEnterprise is found
in the fact that The Center was a Premier Sponsor and Host Organizer of the
2014 National Bloggers Club Blog Bash held on March 6, 2014. This despite
the fact that the Center has known of The Club's fraudulent activities for more
than a year. http://www.hIQgbash.org/sPQnsors/ Incredibly, at least one of the
bloggers being considered for awards at BlogBash is a Defendant in this suit
and the award is for an attack on Plaintiff and his family.
130. OnJune 26, 2012, Defendant RQbertStacy McCainpublished The
aes'/e Franklin Center press release Qnhis blQgunder the headline, "#TCOT
#BrettKimberlin #SWATtjngImportant Event 9:30 p.m. ETTonight!"
46
http://theothermccai n.com120 12106 126Itcot-brettki mber! in-swatti ng-important-
event-930-p-m-et-tonjghtl At the time, Defendant McCainresided in Maryland
and this post was viewed in Maryland.
131. More than 15,000 results come up on Google when pairing "Brett
Kimberlin with Swatting."
132. Defendant James O'Keefe published a book in June 2013, called
"Breakthrough," which was published by Defendant Simon & Shuster through its
Threshold Division. In that book, Defendant O'Keefe published the following
defamatory statements:
"Kimberlin deserves his own book He's the scary dude who pioneered the
art of 'swatting' - that is convincing the police of a domestic incident severe
enough to trigger a SWATresponse at the home ofa political opponent Of
late, he has focused his demonic energy on citizen journalists." page 250.
That book was sold and available in Maryland. Defendant O'Keefe went on a book
tour following the release of the book and repeated his defamatory statements
above.
133. On April 8, 2013, Defendant Michelle Malkin, who was on the board of
The National Bloggers Club, wrote an article for her blog implying that Plaintiff
was responsible for swatting conservative bloggers:
"Conservative bloggers and activists rallied behind the victims of left-wing
convicted domestic terrorist Brett Kimberlin_and his cabal. Ayear later, the
survivors of those SWATtingattacks are still fighting for their security and
free speech rights." http://michellemalkin.com/2013/04/08/more-
ceIebrjtjes-swa t-ted -meanwhjIe-antj-breU-kjmber!in-b!oggers-stj II.under-
fire 1
That blog post was viewable in Maryland.
47
134. On October 1, 2013, Defendant Thomas aka KimberliinUnmasked
stated the following on the About page of his blog which is-silll was viewable in
Maryland:
"This blog is for the purpose of further exposing and highlighting the sick
pathologies and actions of Brett Kimberlin and his associates, .....This blog is
an attempt to document their actions on behalf of the many people they've
targeted and continue to target online and in person. The most terrifying
methodology they've used against their ideological foes is SWATting. which
is why many people are keeping their heads down, hoping that not
mentioning them will make them stop."
http://kimberlinunmasked.blogspotcom/p/a bout. html
135. Defendant Thomas aka KimberlinUnmasked posted hundreds of
blog posts and thousands of tweets from January 2013 through December
2014 defaming, attacking, bullying and harassing Plaintiff, including many
that accused Plaintiff of swatting and other crimes. Google suspended her
blogspot account for violating terms of service with these attacks and Twitter
suspended two of her accounts for the same reason. She moved her
KimberlinUnmasked blog offshore using masked Virtual Private Networks
controlled by cyber criminals, but even it has been removed from the Internet.
www.KjmberljnUnmasked.com She mocked this suit and Plaintiffs attempts
to identify her though court orders in a State of Maryland lawsuit.
136. On June 26, 2012, Defendant Robert Stacy McCain, residing in
Maryland, wrote an article on ViralRead that implied that Plaintiff swatted Aaron
Walker.
"This latest attack follows similar tactics used against Patrick Frey and Erick
Erickson after they became interested in the ongoing Kimberlin saga,"
http://www.viralread.com/2012 106/26/aaron-walker-swatted 1
48
137. On June 12,2012, Defendant Robert Stacy McCain, posted an article
on his blog that imputed and stated that Plaintiff committed swattings.
Of course, since the DOJis led by the corrupt and racist Eric Holder, and the
victims of the Brett Kimberlin SWATing are Conservatives and the
perpetrators are Liberal political activists.
http://theothermccai n.com 120 12 106/06 Isen -saxby-chamb Iiss-requests-
doj-investi gate-swa tti ng I
138. Since the original filing ofthis Complaint, Defendant McCain has
repeatedly defamed and attacked Plaintiff on his blog. calling him vile,
shameless, and imputing that Plaintiff was involved with swatting because
people Plaintiff knows discussed the first swatting victim at some point in
their lives. http://theothermccain.com/2014/03/02/kevin-zeese-neal-
rauhauser-and-the-occupy-infiltrator-frame-up /
139. On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a
letter to a Congressman in Maryland and imputed that Plaintiff was involved with
swattings, that he should be investigated by the FBI and sent to prison. Defendant
Hoge published that letter along with a blog post.
http://hogewash.com 120 12 106 108 Inatjona I-day-of-blogger-silence I
140. Since the filing ofthe original complaint in this case, Defendant
Hoge has published hundreds of blog posts and tweets defaming Plaintiff and
accusing him of crime after crime. In fact, the majority of his Hogewash.com
blog is dedicated to attacking. cyber stalking and harassing Plaintiff, his family
and anyone who supports Plaintiff, including reporters, judges and
prosecutors.
49
141. On june 7, 2012, Defendant Akbar gave an interview to The Examiner
in which he imputed that Plaintiff was responsible for swattings and harassing
conservative bloggers. http://www.examiner.com/article/aclj-to-defend-
conserva tj ve- bloggers- ta rgeted -ove r- brett -ki mberl in-cove ra ge
142. On October 14, 2013, Defendant Akbar launched a new fundraising
campaign based on the false narratives that Plaintiff swatted and caused Defendant
Walker to lose his job. www.bombersuesbloggers.com. When a person clicks the
DONATE button, it redirects to the same National Bloggers Club donate site that
Defendant Akbar previously used to raise money based on his false claim that
Plaintiff is a swatter. "Kimberlin's 2 year campaign of harassment, has led to
bloggers losing jobs, threats of violence, and police 'SWATTings' ...." At the bottom
ofthe site's home page, it states, "National B10ggers Club, Inc. copyright 2013."
On the same day, Defendant Ali sent tweets to many of the Defendants in this suit to
garner their help in raising more money based on false narratives about Plaintiff.
143. Members of Defendant National Bloggers Club read articles written by
Defendants Frey, Walker, Ace Of Spades, Stranahan, Erickson, and McCain, and then
pu blished their own articles linking to those articles specifically stating that Plaintiff
swatted conservative bloggers. For example,
http://www.bob-owens.com/2012 106 lanother-conservatjve-
bIogge r-swatted -by-I e ftist -d 0mesti c-te rro rists I
http://www.youtube.com/watch?y=T150f46AwIM "CNN Discusses
Brett Kimberlin Swatting Cases With Erick Erickson"
http://newsbusters.org/bIMs Itom-blumer 12012 lOS 128 Ibrett-
kj mbe rl in-and-swa tti ng-where-esta bIish men t-med ia-0
http://neosecu larjst.com Ita g/brettkimberlin-swatt; ng I
http://legalinsurrectjon.com/2012 lOS la-brett-kjmberlin-s;tuatjon-
could-happen-to-you I
50
144.
http://americanpowerblog.blogspot.com 12012 lOS Ibrett-kimberlin-
and-swa tti ng-where-is. htmI
http://wanitegrok.com/blog/2012 lOS Ithe-ki mberl in-files-conti nue-
swatting-the-ericksons'
http://www.usmessageboard.com/pol itics 122 5838-brett -kimberli n-
stri kes-a giljn-another-swa ttjn g-atta ck-agilinst -conse (Vatives. htmI
http://patdolla rd.com 120 12lOS Iswa tting-patterico-alJeges-
campaigo-of-terro r-attem pted -murderoby-nea1-rauhauser- ron-
brynaert -and-brettkimberlin I
Defendants McCain,Walker, Frey, Stranahan, Hoge, DBCapitol
Strategies, and Akbar raised and continue to raise money on their websites based on
their false narrative about the swattings. They solicited those funds in interstate
commerce through the use of the Internet, the telephone and mail. Those funds
were transferred and received through interstate commerce and placed in banks
insured by the Federal Deposit Insurance Corporation.
145. Defendants' solicitation offunds based on the false swatting narrative
constitutes wire, mail, and bank fraud in interstate commerce.
146. Defendant Akbar's solicitation of funds based on the false assertion
that Defendant National Bloggers Club is a 501( c)(3) non-profit and all donations to
Defendant National Bloggers Club are tax deductible constitutes fraud.
147. On March 7, 2013, Defendant Akbar tweeted the following:
"#Brett Kimberlin picked a fight with Andrew Breibart that we're going to
finish. He'll go to jail this time #B1ogBash." This demonstrates that The
National B10ggers Club and its leadership were intent on depriving Plaintiff of
his liberty based on false criminal charges.
148. The Defendants engaged in a concerted campaign of online
defamation, false light, false narratives, battery, intimidation, threats, fraud,
51
the filing of groundless civil suits and criminal charges, cyber bullying and
acting unlawfully. in order to interfere with Plaintiffs business relationships
and his prospective advantage both as an employee of Justice Through Music
and as a musician.
149. The conduct of the Defendants was extended, widespread and
particularly dangerous because it occurred over a period of years and
involved so many victims of the fraud who were conned by the Defendants. In
fact, the fraud was so widespread that could result in criminal prosecution.
One would be hard pressed to find another instance in recent history where
an online mob engaged in a multi-year defamation campaign which falsely
accused a person of a horrible crime combined with massive fraud from
thousands of victims. This criminal Enterprise constitutes a "threat to social
well-being."
150. The Defendants' conduct and activities affected interstate
commerce because the frauds. extortion, obstruction of justice and battery
crossed state lines. The Defendants knowingly and intentionally agreed with
each other or at least one other person to commit at least two predicate acts.
In fact. the RICODefendants all knew that The National B10ggers Club was
committing fraud by telling donors that it was a SOl(c)(3) and that their
donations were tax deductible.
151. Defendant Malkin has over 660,000 Twitter followers and she used
her Twitter account and her Twitter compiler, Defendant Twitchy to amplify
her defamatory statements about Plaintiff being involved with swatting.
52
According to a February 8, 2014 article in Politico about Defendant Malkin,
"Twitter is Malkin's weapon of choice. Battles with her almost always devolve
into wars ...Taunting quips from foes bring out the full force of her Twitter
arsenal, with snappy replies, catchy hashtags and the mobilization of a legion
of energized followers."
http://www.politico.com/stOly/2014/02/michelle-malkin_201 +electjons-
republicans-103284.html
152. The Defendants, under the leadership of The National Bloggers
Club, on whose Board Defendant Malkin sits, have generated literally tens of
thousands ofblog posts, tweets and other articles falsely accusing Plaintiff of
swattings and other crimes. They have used this false narrative to pillory,
harass, stalk, defame and ostracize Plaintiff in a multi-year cyberstalking
campaign. Defendant Malkin has used her credibility and gravitas as a board
member to sign off on the fraud by The Club, thereby defrauding a multitude
of unsuspecting victims. Defendant Malkin and other Defendants knew of the
fraud, false narratives, and money laundering and agreed with other
Defendants, including Defendant Akbar to participate in the affairs of the
conspiracy. In this case, there were not merely two predicate acts but rather
thousands since each money transaction with or by The National Bloggers
Club constituted a separate act of mail fraud, wire fraud or money laundering.
153. The Defendants false narratives have harmed Plaintiffs business
relationship as an educator who for three years prior to 2012 worked with the
State Department's International Leadership Program to teach activists from
53
among aUthe named Defendants, with the common purpose of creating
false narratives, publishing false narratives, using threats, extortion,
intimidation, harassment, assault, battery, fraud, and misuse of
government agencies to smear and harm Plaintiff.
164. At all relevant times, The RICOEnterprise was engaged in interstate
commerce in that its activities and transactions relating to its fraudulent
and criminal activities as related above affected interstate commerce
and frequently required travel, communications and financial
transactions across state lines.
165. At all relevant times, the members of The RICOEnterprise functioned
as a continuing unit
166. At all relevant times, the named Defendants conducted or participate
in, and conspired to conduct or participate in, the affairs of The RICO
Enterprise through a pattern of numerous acts of racketeering in
violation of18 USC1962(c) and 1962(d), related by their common goal to
use false narratives about Plaintiff to fraudulently and criminally raise,
deposit and spend funds, increase readership, and sell products and
services.
167. Specifically, the named Defendants conducted or participated in and
agreed to conspire to conduct the affairs of The RICOEnterprise by
engaging in the following predicate acts of racketeering under 18 USC
1961(1):
57
Mail fraud to further their unlawful scheme in violation of 18 USC
1341;
Wire fraud to further their unlawful scheme in violation of 18 USC
1343;
Obstruction of justice to further their unlawful scheme in violation

of18 USC 1503;
OsstFllctioR ofcrimiRal iR\'estigatioR to furtner tneir uRla'llful

scneme iR';iolatioR of 18 YbGUilQ;
OsstructioR of state aRa local law eRfercemeRt to furtner tneir
uRla'llfulsclleme iRviolatioR of 18 YbGlaH;
Retaliation against a witness and victim to further their unlawful
scheme in violation of18 USC1512 and 1513;
Extortion to further their unlawful scheme in violation of 18 USC
1951;
Money laundering to further their unlawful scheme in violation of
18 USC1957.
168. The named Defendants' engagement in the above listed predicate
acts in the conduct of affairs of The RICO Enterprise resulted in the
individual financial gain of each Defendant, through actual funds,
advertising and increased traffic to their publications, at the expense of
business, property and personal injury to Plaintiff.
169. Plaintiffs business interests were harmed by the actions ofthe
named Defendants and the RICO Enterprise. Plaintiff had a
58
"property interest" in continuing his employment as the director of a
non-profit that he had worked at for the previous eight years. He
had a "property interest" in being able to raise funds for that
business to pay his salary and the other salaries and expenses of the
business. Yet Defendants attempted and engaged in conduct
intended to deprive Plaintiff of those property interests. They have
stated many times that they want to destroy the non-profits by
stopping their funding and urged others to demand the same. This
amounts to conspiracy and attempt to harm Plaintiffs property
interests.
Predicate Acts
Mail Fraud. 18 USC1341
170. The named Defendants through The RICO Enterprise, solicited,
enticed, persuaded, and induced citizens to send money through the
United States Postal Service to the named Defendants Defenaants
Natisnal BIsggers Glub, BaE![er, DBGaflitsl Strategies, Akbar, ~4!Gain,
Halldn, Wall[er, Frey, StranaHan ana Hsge based on the false narratives
that Plaintiff was involved in or responsible for swattings and caused the
termination of Defendant Walker.
171. The named Defendants through The RICO Enterprise, solicited,
enticed, persuaded, and induced citizens to send money through the
United States Postal Service to Defendants National Bloggers Club and
Akbar based on the false statements that Defendant National B10ggers
59
Club is a 501 (c)(3) non-profit and that donations to it were tax
deductible. In fact, the National Bloggers Club was a criminal
organization that never had 501(c)(3) status and never filed any
required business documents after it registered as a Texas
corporation.
172. The named Defendants conspired through The RICOEnterprise, to
solicit, entice, persuade, and induce citizens to send money through the
United States Postal Service to the named Defendants DefeReaRts
NatiaRal Blaggers CIlIS,DBCapital Strategies, .'.IEsar,HeCaiR, 'NallEer,
Frey, StraRaRaRaRe Hage based on the false narrative that Plaintiff was
involved in or responsible for swattings and caused the termination of
Defendant Walker.
173. The named Defendants conspired through The RICOEnterprise, to
solicit, entice, persuade, and induce citizens to send money through the
United States Postal Service to Defendants National Bloggers Club and
Akbar based on the false statements that Defendant National Bloggers
Club is a 501(c)(3) non-profit and that donations to it were tax
deductible.
174. The named Defendants through The RICOEnterprise willfully,
knowingly and intentionally committed and conspired to commit
multiple predicate acts of mail fraud in violation of 18 USC1341, as set
forth in Plaintiffs First Claim for Relief.
Wire Fraud. 18 USC1343
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17S. The named Defendants through The RICO Enterprise, solicited,
enticed, persuaded, and induced citizens to transmit money through
telecommunications and wire and Internet services to the named
Defendants l)efeRaaREi NatiaRal Blaggers Cillb, Ba!lEer, P4alldR, l)B
Capital Strategies, AIEbar, MrCaiR, Wallrer, ~rey, StraRaAaR aRa Mage
based on the false narrative that Plaintiff was involved in or responsible
for swattings.
176. The named Defendants through The RICOEnterprise, solicited,
enticed, persuaded, and induced citizens to send money through
telecommunications and wire and Internet services to Defendants
National Bloggers Club and Akbar based on the false statements that
Defendant National Bloggers Club is a SOI( c)(3) non-profit and that
donations to it were tax deductible.
177. The named Defendants conspired through The RICO Enterprise, to
solicit, entice, persuade, and induce citizens to send money through
telecommunications and wire and Internet services to the named
Defendants l)efeRaaREi NatiaRal Blaggers ClllS, Ba!lEer,l)B Capital
Strategies, MalldR, AIEsar, P4rCaiR, WallEer, Frey, StraRaAaR aRa Mage
based on the false narrative that Plaintiff was involved in or responsible
for swattings.
178. The named Defendants conspired through The RICO Enterprise, to
solicit, entice, persuade, and induce citizens to send money through
telecommunications and wire and Internet services to Defendants
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National BJoggers Club and Akbar based on the false statements that
Defendant National Bloggers Club is a SOl( c) (3) non-profit and that
donations to it were tax deductible.
179. The named Defendants through The RICOEnterprise willfully,
knowingly and intentionally committed and conspired to commit
multiple predicate acts of wire fraud in violation of 18 USC1343, as set
forth in Plaintiffs First Claim for Relief.
Obstruction of Justice; 18 USC1503, -1&W,~
180. The named Defendants through The RICO Enterprise corruptly and
by threats or force, and by communication, influenced, obstructed,
impeded, and endeavored to influence, obstruct, or impede, the due
administration of justice obstnlEtea justiEe, ObstrUEtea a ErimiRal
iRvestigatioR aRa OestrUEtea 10Eal,state aRa law eRforEemeRt efforts by
falsely accusing Plaintiff of swatting, and provided false evidence to the
FBI and state and local law enforcement officials asserting that Plaintiff
was involved in the swattings. This false information caused federal,
state and local law enforcement officials to waste valuable time and
resources chasing false information provided by the Defendants in The
RICO Enterprise.
181. The named Defendants through The RICO Enterprise furthered their
obstruction of justice by providing false evidence and information about
Plaintiff to United States Senators and Congress Members with the
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knowledge that said false information would be provided to the Attorney
General of the United States and to the Federal Bureau of Investigation.
obstruction of justice by providing false information to the Montgomery
and Howard County Maryland State's Attorney based on their false
narrative that Plaintiff committed criminal acts.
obstruction of justice by threatening Plaintiff and causing threats of
injury and death to be directed at Plaintiff in order to intimidate him from
cooperating with law enforcement officials and from exercising his right
to seek legal redress in a court oflaw.
obstruction of justice by causing threats to be made to the Montgomery
and Howard County Maryland State's Attorneys and to Judges Richard
Jordan and Cornelius Vaughey because they rejected the false narratives
brought to them by the Defendants in The RICO Enterprise.
185. These willful, knowing and intentional acts constitute obstruction of
justice in violation of18 USC1503(a). aREISBstFUEtisR sfa ErimiRal
iR'/estigatisR iR'1islatisR sf18 USC151Q. aRa sBstruEtisR sf state aRa
ISEallaw eRfsrEemeRt iR '1islatisR sf 18 USC1511.
Retaliation ofa Witness and Victim; 18 USC1512 and 1513
186. The named Defendants through The RICOEnterprise have engaged in
a multi-year campaign of retaliation against Plaintiff in order to
63
intimidate him from being a witness, and to retaliate against him for
providing information to law enforcement officials regarding
federal offenses committed by one or more of the Defendants. fuI'
being a vietim. This retaliation came in the form of threats of death,
battery and injury caused by false narratives created and published by
Defendants portraying Plaintiff as causing Defendant Walker's job
termination and swatting conservative bloggers. Other forms of
retaliation were the assault battery of Plaintiffby Defendant Walker; the
filing of false criminal charges, peace orders and frivolous civil suits
against Plaintiff by Defendants Walker and Hoge; attempting to extort a
settlement from Plaintiff in exchange for dismissing a malicious federal
lawsuit by Defendants Walker, Backer and DBCapitol Strategies;
publishing defamatory stories accusing Plaintiff of swatting; repeatedly
threatening Plaintiff with imprisonment based on false narratives; and
threatening Plaintiffs family.
187. Defendants Walker, Backer and DBCapitol Strategies retaliated
against Plaintiff by taking harmful action against Plaintiff, including
attempting to interfere with Plaintiffs lawful employment and
livelihood because Plaintiff contacted law enforcement officials
about (1) an intestate murder threat against Plaintiff by Seth Allen
that was communicated to Defendants Walker, Nagy, Frey and
another person, since deceased, (2) the assault and battery by
Defendant Walker against Plaintiff in the Montgomery County
64
Courthouse, (3) the false allegations of swatting, (4) and the civil
rights violations against Plaintiff by Defendant Frey.
188. These willful, knowing and intentional acts constitute retaliation of a
witness and a victim in violation of18 USC1512(d) and 1513(b) and
(e).
189. The Defendants also engaged in a conspiracy to threaten, assault and
intimidate Plaintiff and therefore their conduct is prohibited by 18 USC
1512(k).
Extortion, Conspiracy and Attempted Extortion; 18 USC1951
190. The named Defendants through The RICOEnterprise engaged in
extortion by filinga malicious federal lawsuit against Plaintiffand two
non-profits, one of which employs Plaintiff,to limit his First Amendment
right to redress and then demanding that his employer fire him and turn
over protected business documents in exchange for a settlement of the
case against the non-profits.
191. Defendants Walker, Backer and DBCapitol Strategies engaged in
conspiracy to extort and attempted extortion under 18 USC1951(a)
by agreeing to use the federal suit to get Plaintiff fired, and then
sending a letter demanding that firing in exchange for dismissing a
malicious lawsuit.
192. These willful, knowing and intentional acts constitute extortion in
violation of 18 USC1951.
Money Laundering; 18 USC1957
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money laundering by creating an entity called the National Bloggers Club
and then falsely portraying it as a non-profit operating under the
authorization of the Internal Revenue Service, Section SOl(c)(3).
Defendant National Bloggers Club did not apply for Section SOl( c)(3)
status prior to stating publicly that the National Bloggers Club was a
SOl(c)(3) non-profit Defendants through The RICOEnterprise posted
online, through a letter and through word of mouth, that donations made
to Defendant National Bloggers Club were tax deductible under Section
SOl(c)(3). Those donations, in excess of$10,000, were funneled by
various means in interstate commerce to a bank account controlled by
Defendant Ali Akbar, and laundered for his own purposes, without any
accounting and without filing any Section 990 returns with the Internal
Revenue Service. Defendant Akbar refused all requests made to him and
Defendant National Bfoggers Club to provide a copy of any Section
SOl( c)(3) determination issued by the IRSfor the National Bloggers Club.
Defendant Akbar refused all requests made to him and the National
Bloggers Club for an accounting ofthe funds he received and disbursed
from his false narratives about Plaintiff. The National B10ggers Club
never filed any required business filings in the State of Texas after
its initial registration, and it continued to raise funds even after its
corporate entity was shuttered and its name forfeited.
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194. The named Defendants through The RICOEnterprise knew or had
reason to know that Defendant National Bloggers Club was not a
501( c)(3) non-profit and that donations made to the National Bloggers
Club were not tax deductible, and that Defendant Akbar and the National
Bloggers Club were committing fraud by soliciting and receiving funds
based on those fraudulent representations and on Defendants' false
narrative that Plaintiff was involved with swattings.
these monetary transactions derived through fraud in a value greater
than $10,000 in interstate commerce. These monetary transactions
included deposits, withdrawals, transfers and exchanges to, from and
through financial institutions in the United States.
196. These willful, knowing and intentional acts constitute engaging in
monetary transactions in property derived from specified unlawful
activity in violation of 18 USC1957.
Pattern of Related Racketeering Acts
197. The named Defendants engaged in the racketeering activity and
commission of predicate acts as described in this Complaint, targeting
Plaintiff beginning in August 2010 and continuing until the present time.
198. As set forth above, the named Defendants have committed at least
two predicate acts of racketeering activities in the past 10 years. In fact,
they have committed hundreds of predicate acts offraud because
67
each donation to The National B10ggers Club is considered a
separate act of fraud.
199. The named Defendants implemented the racketeering acts described
in this Complaint as a business model for The RICOEnterprise.
200. The named Defendants' racketeering acts have or had similar
purposes; to profit from the fraudulent narratives about Plaintiff, to profit
from the money laundering schemes, and to increase the value of their
websites and media operations through the use of those false narratives.
201. As set forth above, the named Defendants' racketeering acts have or
had similar participants; some in supervisory roles such as Defendants
Frey and Akbar, and others in support roles such as the other named
Defendants.
202. As set forth above, the named Defendants, through The RICO
Enterprise, directed their activities at Plaintiff. The named Defendants
created The RICOEnterprise as a business model to raise funds through
fraudulent means: create false narratives about Plaintiff such as
swattings, demonize him with those false narratives, falsely portray
Plaintiff as victimizing Defendants and violating their rights, breathlessly
solicit donations it order to fight Plaintiff, falsely promise donors that
their money will go to a SOl( c)(3) non-profit, receive tens of thousands in
donations, launder that money with no accountability, and spend or
pocket that money while increasing traffic and value to their websites
and media sites.
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203. The named Defendants' acts have or had similar methods of
commission, such as common false narratives against Plaintiff, consistent
practices with respect to collecting donations for a non-existent sOl( c)(3)
non-profit, and the use of stonewalling and lies when asked for
transparency and accountability.
Injury
204. As a direct and proximate result of the named Defendants' willful,
knowing and intentional predicate acts, as set forth above, Plaintiff has
suffered injury to his name, property and businesses, including. but not
limited to: having his name falsely associated with swatting and other
crimes and false narratives; having his employer defamed based on those
false narratives; having to spend untold hours, days, weeks, months and
years defending against the false narratives; having to spend money
defending against the false narratives; losing employment and funding
opportunities, having attempted interference with his business
relationships and his contract to remain employed by his employer,
having interference with prospective business advantage, having
interference with his business as a musician, composer and
manager, and other pecuniary and losses to real or personal property.
205. Plaintiff is entitled to an award of damages in an amount to be
determined at trial, including treble damages and other fees and costs
associated with this action.
SECOND CLAIM FOR RELIEF
VIOLATION OF THE CIVIL RIGHTS ACT OF 1866,42 USC 1983
69
(Defendant Frey)
206. Plaintiff-re-alleges and incorporates every paragraph above.
207. Plaintiff asserts this claim under 42 USC1983 for declaratory relief
and damages against Defendant Frey.
208. As set forth above, the actions of Defendant Frey -- such as creating
false narratives about Plaintiff committing crimes, including swattings,
planning online gang attacks on Plaintiff based on false narratives
knowing that such attacks would result in threats of injury and death,
failing to contact law enforcement when aperson threatened to murder
Plaintiff, attempting to get the group Anonymous to retaliate against
Plaintiff as a quid pro quo, attempting to have Plaintiff arrested on
false charges, providing false information to the FBI and LACounty
law enforcement officials about Plaintiff, and directing other
Defendants to create false narratives and make false criminal accusations
against Plaintiff in order to harm him -- were done under color of state
law, specifically as an Assistant District Attorney for Los Angeles,
California, with the knowledge and permission of his supervisors in the
Los Angeles District Attorney's Office.
209. Defendant Freyknowingly, willfully, maliciously, intentionally and
without legal justification planned and acted to deprive Plaintiff of his
civil and constitutional rights.
210. Defendant Frey knowingly, willfully, maliciously, intentionally and
without legal justification acted to deprive Plaintiff of his civil rights.
70
211. As a result of the unlawful acts of Defendant Frey, Plaintiff suffered
damages.
212. Plaintiff seeks all appropriate relief, including declaratory, fees, costs,
and damages, including compensatory and punitive, in an amount to be
determined at trial.
THIRD CLAIMFORRELIEF
VIOLATIONSOF THE KUKLUXKLANACTOF 1871,42 USC1985
(Defendants Walker, Hoge, McCain, Akbar, Erickson, Malkin, Backer, Thomas,
Beck, Ace of Spades, Stranahan, Nagy, and DB Capitol Strategies)
213. Plaintiff-re-alleges and incorporates every paragraph above.
214. Plaintiff asserts this claim pursuant to 42 USC1985(2) and (3) for
declaratory relief, and damages against the named Defendants.
215. As set forth above, the named Defendants conspired, agreed, planned
and coordinated with Defendant Frey, acting under color of law, for the
purpose of depriving Plaintiff of his constitutional and civil rights,
including his First Amendment right to seek redress from the courts, his
Fifth Amendment right to due process, his constitutional right to privacy,
his First Amendment right to speech, his fundamental right to liberty,
and his overarching right be safe in his everyday activities.
216. The named Defendants conspired to deter Plaintiff, by force,
intimidation, or threat, from attending court, or from testifying to any
matter pending therein, freely, fully, and truthfully, and to injure Plaintiff
in his person or property on account of his having so attended or testified.
71
217. The named Defendants conspired to deprive Plaintiff of his right
to redress by online gang activity, threats, intimidation, cyber
bullying, attacks against his family, false narratives, and battery.
218. The named Defendants knowingly, willfully, maliciously,
intentionally, and without justification planned and acted to deprive
Plaintiff of his rights.
219. As a result ofthe unlawful acts of the named Defendants' conspiracy
to violate his rights, Plaintiff has suffered damages.
220. Plaintiff seeks all appropriate relief, including declaratory, fees, costs,
and damages, including compensatory and punitive, in an amount to be
determined at trial.
FOYRTH (bAlM FOR REl.lEF
FRAYD AND NEGl.IGENT MISREPRESENTATION
221. Plailltiffre alleges aile ill!srpsrates every paragraph ass'le.
222. As set forth ass'le, I:Jefelleallts maee materially false aile 1I1ltrlle
statemellts aile represelltatislls regareillg PlailltiWs ill',<sl',<emellt ill
swattillgs, aile regareillg the SQ1(!)(3) StatllS sf{:)efelleallt ~Iatisllal
Blsggers GIllS.
223. As set forth ass'le, I:Jefelleallts Imswillgly sr Ilegligelltly failee ts
eis!lsse material aile trllthflll faEts regareillg the swattillgs aile the
SQ1(!)(3) statlls sf I:Jefelleallt Natisllal Blsggers GIllS.
22Q. I:Jefelleallts illtelleee that their false statemellts wSllle illell!e sthers
t8 Belieye tHeir false RarratilJ8S aRa 11l8lilel iaablse thefFl to seRa mORey to
I:Jefelleallt Natisllal Blsggers GillS.
72
221>. ~4aRYpeople reliea ORf)efeRaaRffi' fFallalileRt represeRtatiORs aRa
aORatea more thaR $lg,ggg te f)efeRaaRt MatieRalllIoggers Clllb,
iRelliaiRg maRY who aia so believiRg that they 'Noliia get a talCaealietieR
fer their aORatioR.
22l'i. MaRy people reliea eR f)efeRaaRffi' fFallalileRt represeRtatieRs abollt
s'NattiRgs, aHd theA 'Nrete slag J3ssts aHd artieles eased SA these false
represeRtatioRs aefamiRg PlaiRtiffas beiRg iRvolvea 'Nith the swaHiRgs.
227. QefeRaaRts fwFther maae false repres!RtatisRs aHa/sF emissisRS 'NitA
the iRteRt ofebtaiRiRg faverable meaia el(pOSlire fer their false
represeRtatieRs, pressliriRg the lJRitea States CeRgress aRa Fill te
iR'lestigate PlaiRtiff, aRa te harm PlaiRtiff.
228. As a aireet, prelfimate aRa fereseeable reslilt of f)efeRaaRffi' ImowiRg;
williRg; iRteRtieRal aRa/or RegligeRtaetieRs, PlaiRtiffhas beeR iRjllrea,
iRe!llaiRg sigRifieaRt peeliRiary, rep"tatieRal, aRa other aamages.
229. Plaintiff is eRtitlea to re!over eempeRsatery aRa p"niti'le aamages iR
aR amoliRt pF8\'eR at trial.
FOURTH CLAIMFORRELIEF
DEFAMATION
(Akbar, Walker, Hoge, Thomas, National Bloggers Club, McCain, American
Spectator, O'Keefe, Simon&Schuster)
230. Plaintiff re-alleges and incorporates every paragraph above.
231. Over the past year, the named Defendants have intentionally,
knowingly and/or recklessly published, republished and disseminated
the false and defamatory statements identified above regarding swattings
and other matters on the Intemet, eR televisioR, ORFaaie aRa in print
73
where they have been easily accessible, and were accessed my many
people, including Plaintiffs family, children, friends, business associates
and actual and prospective partners, clients and others.
232. The named Defendants' defamatory statements regarding Plaintiffs
involvement in swattings and other matters have caused and continue to
cause substantial injury to Plaintiff, his business and personal well-being.
233. The statements have caused and continue to cause deep
embarrassment, humiliation, opprobrium, emotional distress and mental
suffering to Plaintiff.
234. The named Defendants' false and defamatory statements and the
implications drawn from them concerning Plaintiff are defamatory per se
because they allege crimes and make Plaintiff appear odious, infamous,
and/or frightening.
235. Defendants published these false and defamatory statements to third
parties who reasonably understood the published statements to be
defamatory.
236. The named Defendants were aware of the defamatory implication of
their statements about Plaintiff, and intended and endorsed the
defamatory implication.
237. The named Defendants published these false and defamatory
statements about Plaintiff even though they knew that they were not
based on fact or truth.
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238. The named Defendants published the defamatory statements
without conducting any due diligence or contacting Plaintiff to
determine if they were in fact true.
statements about Plaintiff with knowledge of their falsity and/or reckless
disregard for their truth.
240. Alternatively, the named Defendants published these false and
defamatory statements about Plaintiff negligently as the truth or falsity of
what they were saying.
241. Each of the named Defendants was directly involved and responsible
for the false and defamatory statements that were published about
Plaintiff.
statements with both common law and actual malice, and with the intent
of harming Plaintiff.
243. Many of the named Defendants published these false and defamatory
statements day after day, week after week, month after month and year
after year with the attacks being coordinated, aggressive and
sustained to cause maximum harm to Plaintiff.lJe6emillg mere
6eeFElillatea,aggressive alia Ilastier as time flregressea.
244. The named Defendants' defamatory statements were repeated and
republished by other media and bJoggers, thereby compounding the harm
to Plaintiff.
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245. NSResf tile Only one of the Defendants, The Franklin Center, has
retracted any of their defamatory statements or removed them from
their websites, blogs or media outlets, despite Plaintiffs requests to do
so. Defendant DBCapitol Strategies did make their defamatory
publications password protected.
246. The named Defendants also published these defamatory and false
statements in order to increase traffic to their blogs and to raise money
from unsuspecting readers who believed their statements.
247. The named Defendants' false and defamatory statements have
caused Plaintiff to sustain damages.
248. The named Defendants' actions against Plaintiff were willful, wanton
and malicious, were intended to deliberately harm Plaintiff, and were
made with a callous indifference to Plaintiff.
249. Thus, in publishing the numerous false and defamatory statements
about Plaintiff, the named Defendants acted with an improper and
outrageous motive or callous indifference to Plaintiffs rights and
interests. As a result of the named Defendants' outrageous and repeated
conduct, Defendants should be ordered to pay substantial compensatory
and punitive damages.
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SIXTH FIFTH CLAIM FOR RELIEF
FALSE LIGHT INVASION OF PRIVACY
(Walker, Akbar, Hoge, McCain, Erickson, Malkin, Twitchy, Redstate,
Beck, Thomas, O'Keefe, Simon&Schuster, The Blaze, The American
Spectator, Ace of Spades, Mercury Radio Arts, Frey, Stranahan, Nagy,
Breitbart.com, Backer, DB Capitol Strategies, The Franklin Center,
National B10ggers Club)
251. The named Defendants' statements, book, webinar and articles above
contained false statements, representations or imputations about Plaintiff
that place him before the public in a false light
252. As stated above, the named Defendants portrayed Plaintiff as being
involved with swatting. a serious crime, and causing Defendant
Walker's termination.
253. The false light in which the named Defendants placed Plaintiff would
be considered highly offensive to a reasonable person.
254. The named Defendants were each complicit in and responsible for
casting Plaintiff in a false light and violating his privacy.
255. The named Defendants disseminated their articles on the Internet,
television, radio and in print where they were widely available to and
accessible by members ofthe general public across the globe.
256. The Defendants engaged in outrageous and extreme conduct by
falsely publishing the defamatory statements accusing him of climes
and nefarious conduct, demanding that he be investigated, arrested
and imprisoned for swattings, publishing tens ofthousands of
tweets and blog posts smearing Plaintiff and accusing him of crimes,
77
filing three frivolous and malicious lawsuits against him, sending a
defamatory letter to an institutional funder falsely accusing him of
crimes, attempting to extort his employer into firing him, rallying
extremists with false narratives to attack him, filing for sanctions in
the amount oftens ofthousands of dollars and imprisonment, and
asking a federal court to deny him access to the courts. This
abhorrent conduct has kept Plaintiff under siege for years, and
caused extremists to come to his home, take pictures of him and his
daughter, and make threatening calls to him, his family and his
neighbors. No person in a civilized society should be made to endure
such conduct.
257. Moreover, Defendants conspired with the other Defendants to
imprison Plaintiff based on their false narratives that Plaintiff was
involved with swattings. This constitutes extremely outrageous
conduct that intentionally inflicted emotional distress on Plaintiff.
There are not many things in this country worse than being falsely
accused of crimes and then having those false accusations incite a
lynch mob to attack relentlessly and daily with tens of thousands of
tweets and posts and articles, and stalkers over a period of years.
This is atrocious and has absolutely no place in a civilized society.
258. Not a day goes by where Plaintiff is not attacked, online or in
person, by one or more of the Defendants. Defendant Walker came
to a court hearing in Montgomery County Circuit Court and, after the
78
proceeding to which he was not a party, followed Plaintiff out of the
courtroom and battered him so severely he ended up in the
Emergency Room at Suburban Hospital. This resulted in days off of
work and a fear that Defendants will again assault Plaintiff or his
family. Defendants Walker, Hoge, McCainand Ali have stalked
Plaintiff in public places. Defendants Walker, Hoge and DBCapitol
Strategies have filed numerous false criminal and civil actions
against Plaintiff over a two-year period, all which have been
dismissed or denied. Defendants Hoge, Walker and some of the
other Defendants publish daily taunts against Plaintiff and mock this
suit with daily posts on their blogs, and continually assert that they
are going to get Plaintiff imprisoned. They have attacked Plaintiffs
employer and those who donate to that non-profit. The Defendants
have tried to get Plaintiff fired. They have attacked Plaintiffs wife
and teenage daughter and even reporters who have written
favorably about Plaintiff. They have even attacked prosecutors who
have refused their frivolous charges, Defendant Walker has even
imputed in a recent blog post that Plaintiffs teenage daughter is fair
game for destruction because of "CoITuption of blood."
259. All ofthis has been intended to inflict maximum emotional
distress on Plaintiff. Plaintiff has had to install robust security
devices and video cameras at his home and office, and take
precautions for his family that no young child should have to be
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subjected to, all because the Defendants have created a lynch mob
based on false narratives to terrorize Plaintiff and his family on a
continuous multi-year basis. This clearly demonstrates that the
Defendants, intentionally casted Plaintiffin false light.
260. The named Defendants knew that their actions and statements had
the effect of casting Plaintiff in a false light but nevertheless continued to
do so week after week, article after article and tweet after tweet They
had knowledge of or acted with reckless disregard as to the falsity of
the publicized matter and the false light in which it placed Plaintiff.
261. The named Defendants published the defamatory statements
without conducting any due diligence or contacting Plaintiff to
determine ifthey were in fact true.
262. Alternatively, the named Defendants were negligent in the
publication of their statements about Plaintiff,the effect of which was to
portray Plaintiff in a false light
263. The named Defendants' portrayal of Plaintiff in a false light, as stated
above, caused substantial injury to Plaintiffs reputation, business
interests, and mental well-being.
264. The named Defendants' placing Plaintiff in a false light has caused
Plaintiff to sustain substantial damages.
265. The named Defendants' actions against Plaintiff were willful, wanton
and malicious, and were intended to deliberately harm Plaintiff.
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266. Thus, the named Defendants acted with an improper and outrageous
motive or careless indifference to Plaintiffs rights and interests.
Defendants' outrageous conduct warrants the imposition of significant
compensatory and punitive damages.
SIXTHCLAIMFORRELIEF
INTERFERENCEWITH BUSINESSRELATIONS
(DBCapitol Strategies, Backer, Walker, National Bloggers Club)
267. Plaintiffre-alleges and incorporates every paragraph above.
268. Defendants DBCapitol, Backer, Walker and National B10ggers
Club maliciously and wrongfully interfering with Plaintiffs
economic, or prospective, relationships. Specifically, Plaintiff has
worked as director of Justice Through Music for ten years and has an
agreement to continue that work. The named Defendants know of
the existence of that employment relationship and they
intentionally attempted to interfere with it by making false claims
against Plaintiff accusing him of crimes, sending a defamatory letter
to a major funder, filing and/or promoting a malicious lawsuit
against Plaintiff and his employer in order to use that lawsuit to
force Plaintiffs employment termination.
269. Defendants further contacted a major institutional funder of
Plaintiffs non-profit employer and falsely said that Plaintiff was
involved with crimes, which caused that funder to stop funding
Plaintiffs employer. The named Defendants and other unnamed
Defendants have stated that their goal was to force organizations
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and others to stop funding Plaintiffs non-profit employer. They
have bragged that they have succeeded in stopping that funding.
270. Plaintiff has been damaged by the named Defendants' malicious
actions. Acause of action for tortious interference with an existing
contract is based on Maryland law.
271. The named Defendants' actions against Plaintiff were willful,
wanton and malicious, and were intended to deliberately harm
Plaintiff.
272. Thus, the named Defendants acted with an improper and
outrageous motive or careless indifference to Plaintiffs rights and
interests. The named Defendants' outrageous conduct warrants the
imposition of significant compensatory and punitive damages.
SEVENTHCLAIMFORRELIEF
INTERFERENCEWITHPROSPECTIVEECONOMICADVANTAGE
(All Defendants)
274. Defendants, intentionally and willfully engaged in a concerted
campaign of online defamation, false light, false narratives, battery,
intimidation, threats, fraud, the filing of groundless civil suits and
criminal charges, cyber bullying and acting unlawfully. in order to
cause damage to Plaintiffin his lawful businesses, both as an
employee of Justice Trough Music and as a musician.
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275. Defendants knew that Plaintiff was engaged in business and
engaged in conduct to disrupt that business and deprive Plaintiff of
future business and they did.
276. These actions by Defendants were done with malice in order to
cause actual damages and loss to Plaintiff.
277. Plaintiff has suffered actual damage and loss.
278. Thus, the Defendants acted with an improper and outrageous
motive or careless indifference to Plaintiffs rights and interests.
Defendants' outrageous conduct warrants the imposition of
significant compensatory and punitive damages.
SEVENTHCLAIMFORRELIEF
BATTERY
(Defendant Walker)
280. On January 6, 2012, Defendant Walker unlawfully used force
against Plaintiff that resulted in the offensive touching of Plaintiff to
such a degree that Plaintiff was referred to the Emergency Room at
Suburban Hospital for evaluation and treatment for concussion,
contusion ofthe eye, back pain. Plaintiff was evaluated there and
prescribed medicine and ordered to rest for several days.
281. This battery of Plaintiff by Defendant Walker was intentional and
malicious, and done in order to harm Plaintiff, intimidate him and
retaliate against him for exercising his right to redress and access to
the court.
83
282. Plaintiff has suffered actual damage and loss.
283. Thus, Defendant Walker acted with an improper and outrageous
motive or careless indifference to Plaintiffs rights and interests. His
outrageous conduct warrants the imposition of significant
compensatory and punitive damages.
S~V~NTH EIGHTH CLAIM FOR RELIEF
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(All Defendants)
285. Defendants' defamatory and false statements, intentional
misrepresentations, false light, violation of privacy, interference with
his employment, and wide publication of false statements about
Plaintiffs involvement in swatting and other crimes constitute extreme
and outrageous conduct.
286. Defendants' causal and in concert relationship to the assault of
Plaintiff by Defendant Walker, the many threats of death and injury to
Plaintiff and his family, and the demands for Plaintiffs arrest and
imprisonment on the basis of false statements about swattings and other
crimes demonstrates malice with an intent to cause maximum harm to
Plaintiff.
287. Defendants' actions were done intentionally and/or recklessly in
conscious disregard of the high probability that Plaintiffs mental distress
would follow.
84
288. There was a causal connection between the tortious acts of
Defendants and the emotional distress suffered by Plaintiff. It is
intolerable in a civilized society to wrongfully accuse someone of a
horrible crime as did most of the Defendants. It is intolerable to
harass Plaintiff with false allegations of criminal activity for years
on end. It is intolerable to cyber bully Plaintiff for crimes that
occurred more than 30 years ago.
289. As a result of Defendants' actions, Plaintiff has suffered severe
emotional distress and mental anguish.
NINTHCLAIMFORRELIEF
CONSPIRACYTO COMMITSTATELAWTORTS
(All Defendants Except Simon&Schuster)
291. The Defendants conspired with each other to commit the state law
tortious acts alleged above.
292. As a result of Defendants' actions, Plaintiff has suffered harm and
damage.
PUNITIVEDAMAGES
293. The actions or omissions of Defendants set forth in this Complaint
demonstrate malice, egregious conduct, insult, and a perverse
gratification from harm caused to Plaintiff. Such actions or omissions by
Defendants were undertaken with either (1) maliciousness, spite, ill will,
vengeance or deliberate intent to harm Plaintiff, or (2) reckless disregard
of the profound wrongfulness of their actions or omissions, and their
85
harmful effects on Plaintiff. Accordingly, Plaintiff requests an award of
punitive damages beyond and in excess of those damages necessary to
compensate Plaintiff for injuries resulting from Defendants' conduct.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests the following relief:
Compensatory damages and consequential damages in an amount

exceeding $75,000, that is $2,000.000.
Punitive damages as applicable to punish Defendants' reprehensible
conduct and to deter future occurrence;
Treble damages as authorized by RICO, 18 USC1964( c);
Declaratory relief in the form of an Order finding that Plaintiff had no
involvement in any swattings;
An order enjoining Defendants from engaging in future tortious

conduct against Plaintiff;
An order requiring Defendants to remove any defamatory statements
about swatting and other uncharged crimes by Plaintiff from blogs,
book or media over which they have control;
For equitable relief as appropriate pursuant to applicable law,
including but not limited to issuing a temporary restraining order, a
preliminary injunction and a permanent injunction that bars
Defendants from retaliating against Plaintiff in any way for bringing
this action;
86
Forfeiture of all funds raised by the Defendants based on their

false narratives, fraud and tortious conduct;
Costs and fees incurred in the prosecution of this action, and
Further relief as this Court deems just and appropriate .
JURVDEMAND
Plaintiff Kimberlin hereby demands a jury trial of all issues in this action
triable as of right by a jury.
March 7, 2014
87

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

In the second article, httD:/face.mu.nu/archives/329494.php he

SWATted last summer" http://www.breitbartcom/Big-

Obstruction of justice to further their unlawful scheme in violation

OsstFllctioR ofcrimiRal iR\'estigatioR to furtner tneir uRla'llful

Compensatory damages and consequential damages in an amount

An order enjoining Defendants from engaging in future tortious

Forfeiture of all funds raised by the Defendants based on their

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